FINEGAN^S  SCHOOL  LAW 

FOURTEENTH  EDITION 


IB 
2529 


Southern  Branch 
of  the 

University  of  California 

Los  Angeles 

Form  L-1 


This  book  is  DUE  on  the   last   date  stamped  below 


Jm  1  6  1952 


Form  Ij-9-r)m-7,'2li 


A  TEXT  BOOK 


ON 


NEW  YORK  SCHOOL  LAW 

INCLUDING 

THE   REVISED    EDUCATION    LAW,    THE    DECISIONS    OF    COURTS    AND   THE 

RULINGS   AND  DECISIONS   OF   STATE   SUPERINTENDENTS 

AND  THE   COMMISSIONER   OF    EDUCATION 

PREPARED  FOR  THE  USE  OF  CITY  AND  SCHOOL  DISTRICT  OFFICERS,  NORMAL  SCHOOLS, 
TRAINING    CLASSES,   TEACHERS 


THOMAS  E.  FINEGAN,  A.  M.,  Pd.  D.,  Litt.  D.,  LL.  D. 

ATTORNEY  AND  COUNSELOR-AT-LAW 

FORMERLY    DEPUTY    COMMISSIONER    OF    EDUCATION    OF    THF.    STAT';    OF    NEW    YORK; 
APK)IwfrI>  S UTERI NTEWt-NT  OF   pjTnL^C   I^SrRUCrKTV    Ols^  YKn 
'■••'  STATE  5f  PENNSYLVANIA,  JUNE  I,   I9I9. 


FOURTEENTH  EDITION 

REVISED  TO  JANUARY    I,    ig22 


47655 


ALBANY,  N.  Y. 

MATTHEW  BENDER  &  COMPANY, 

INCORPORATED 
192 1 


Copyright,  1902, 
Bv  THOMAS  E.  FINEGAN 


Copyright,  1907,  1908,  1910,  1913,  1914, 
By  MATTHEW  BENDER  &  COMPANY 


Copyright,  1915,  1916,  1917,  1918,  1919,  1921, 

By  MATTHEW  BENDER  &  COMPANY 

incorporated 


/^o^ 


(Ul<^ 


PUBLISHER'S  ANNOUNCEMENT  TO  THE 
FOURTEENTH  EDITION. 


The  Fourteenth  Edition  of  this  work  has  been  rewritten  and 
revised  to  January  i,  1922. 

Important  amendments  have  been  enacted  since  the  publica- 
tion of  the  Thirteenth  Edition.  Article  43-B  of  the  Education 
Law,  known  as  the  law  in  relation  to  a  retirement  fund  for  public 
school  teachers,  has  been  entirely  rewritten. 

The  Teachers'  Salary  Law,  establishing  minimum  salaries  for 
teachers  in  the  cities  of  the  State  and  providing  for  salary 
increases  in  school  districts  outside  of  cities,  has  been  generally 
amended.  Amendments  have  been  made  to  the  State  Tuition 
Law,  the  City  School  Law,  and  many  others  which  are  carefully 
noted  in  this  edition. 

A  new  chapter  has  been  inserted  relating  to  the  Rehabilitation 
Law. 


PREFACE  TO  FOURTEENTH  EDITION. 


Nineteen  years  ago  the  first  edition  of  this  work  was  edited 
and  published.  Since  that  time  there  has  been  a  great  expansion 
in  what  is  generally  recognized  throughout  the  country  as  a 
legitimate  field  of  work  for  a  public  school  system.  The  larger 
social  outlook  possessed  by  the  people  and  the  new  community 
interests  now  centering  in  the  schools  have  placed  larger 
demands  upon  the  public  school  system  and  upon  the  officers 
and  teachers,  in  the  various  parts  of  the  State,  who  administer 
and  operate  such  system. 

To  meet  these  new  demands  there  have  been  modifications  of 

existing  statutes  and  the  enactment  of  new  statutes.     In  the  14th 

edition  of  this  work  the  author  has  endeavored  to  express  in 

plain    terms   the   meaning   of   the   statutes   which   regulate   the 

operation  and  administration  of  the  public  school  system.     The 

author's  years  of  service  to  public  education  in  New  York  State 

gives  him  an  earnest  desire  to  make  this  volume  of  the  greatest 

possible  service  to  the  teachers  and  school  officers  of  the  State. 

T.  E.  F. 
September  i,  1921. 


CONTENTS. 


PAGE 

CHAPTER  I 
University  of  the  State  of  New  York i-ll 

CHAPTER  n 
State  Education  Department 12-18 

CHAPTER  HI 
President  of  the  University  and  Commissioner  of  Education 19-24 

CHAPTER  IV 
Rural   School   Supervision 25-38 

CHAPTER  V 
Duties  of  Supervisors,  Town  Clerks,  County  Treasurers,  District 
Attorneys,  and  County  Judges  in  relation  to  school  matters...       39-46 

CHAPTER  VI 
School  Districts 47-62 

'HAPTER  VII 
District  Meetings  63-70 

CKAPT^?.  VIII 
Voters  at  School  District  Meetincs  —  Qualifications,  Challenges, 

etc 71-74 

CHAPTER  IX 
Common-school  District  Officers 7S-8l 

CHAPTER  X 
Common-school  District  Officers  (continued) 82-88 

Trustees,  Powers  a^nd  Duties. 

CHAPTER  XI 

Common-school  District  Officers  (continued) 89-95 

Clerk,  Collector,  Treasurer,   TJbrarian. 

vii 


Vlll  CONTENTS 

PAGE 

CHAPTER  XII 
Union  Free-school  District  Officers 96-105 

CHAPTER  XIII 
Board  of  Education  —  Union  Free-school  District  —  Powers  and 
Duties 106-1 16 

CHAPTER  XIV 
Assessment  and  Collection  of  District  Taxes H7-131 

CHAPTER  XV 
School  Buildings,  Sites  and  Bonds 132-147 

CHAPTER  XVI 
State  School  Moneys .,.,  148-160 

CHAPTER  XVII 
Courses  of  Study  —  Subjects  Included  —  Physiology  and  Hygiene 
—  Humane  Treatment  of  Animals  and  Birds  —  Instruction  in 
Paitriotism  and  Citizenship  161-167 

CHAPTER  XVIII 
Industrial  Education 168-174 

CHAPTER  XIX 
Textbooks,  Arbor  Day,  Flag  Law  and  Savings  Banks 175-182   , 

CHAPTER  XX 
Compulsory    Education  —  Employment    of    Children  —  Vacation 

Permits  —  Illiterate  Minors    183-198 

CHAPTER  XXI 
School  Census  . . . « 199-202 

CHAPTER  XXII 
Medical  Inspection,  Vaccination,  Physical  Training 203-212 

CHAPTER  XXIII 
Contracts    for   Education   of   Children,   Transportation    of    Children, 
State  Tuition,  Academic  Instruction 213-217 


CONTENTS  IX 

PAGE 

CHAPTER  XXIV 
Special  Classes  for  Mentally  Retarded  —  Physically  Defective  — 
Orphan  Schools  —  Sta-te  Institutions   for  Deaf  and  Dumb  and 
for  the  Blind   218-225 

CHAPTER  XXV 
School  and  Public  Libraries 226-228 

CHAPTER  XXVI 
State  Scholarships   229-236 

CHAPTER  XXVII 
State  Normal  Institutions  237-244 

CHAPTER  XXVIII 
Teachers'  Training  Classes,  Training  Schools 245-249 

CHAPTER  XXIX 
Teachers'    Qualifications,     Certificates,    Contracts,     Powers    and 

Duties 250-275 

CHAPTER  XXX 
Retirement  of  Teachers  276-281 

CHAPTER  XXXI 
City  School  Systems  282-312 

CHAPTER  XXXTI 
City  School  Elections 313-320 

CHAPTER  XXXIII 
Appeals  to  the  Commissioner  of  Education 321-326 

CHAPTER  XXXIV 
Rehabilitation  of  Physically  Handicapped  Persons.,,., 327-328 


NEW  YORK  SCHOOL  LAW 


CHAPTER  I 

UNIVERSITY   OF    THE    STATE    OF    NEW   YORK 

[Article  3] 

The  first  educational  institution  created  by  the  State  was  the 

"Regents  of  the  L'niversity  of  the  State  of  New  York",  which 
was  established  by  the  Legislature  in  1784.  This  institution  was 
therefore  established  within  a  few  months  after  the  treaty  of  peace 
between  Great  Britain  and  the  United  States  had  been  signed. 
This  institution  is  one  of  the  most  unique  of  the  educational  insti- 
tutions in  the  country.  The  history  of  its  growth  and  development 
is  one  of  unusual  interest  and  is  based  upon  the  growth  and  develop- 
ment of  the  nation  itself.  It  was  the  intention  of  the  State  in 
founding  this  institution  to  make  it  the  directing  and  controlling 
l)0wer  in  the  building  and  development  of  the  State's  educational 
system.  The  great  purpose  of  the  leaders  of  public  affairs  in  the 
State  in  founding  this  institution  was  not  attained,  however,  until 
after  the  institution  had  been  in  existence  for  nearly  one  hundred 
and  thirty  years.  The  name  of  this  corporation  was  changed  by 
the  legislature  in  1889  to  "  University  of  the  State  of  Xew  York  ", 
and  the  University  was  i)laced  upon  a  permanent  foundation  when 
the  people  of  the  State,  by  popular  vote,  adopted  the  State  constitu- 
tion of  1894.  This  constitutional  provision,  the  powers  of  the 
Regents  under  the  provisions  of  the  unification  act  of  1904  and  the 
general  powers  conferred  u]ion  that  body  in  the  education  law- 
enabled  the  Hoard  of  Regents  to  make  the  University  of  the  State 
of  New  York  the  administrative  body  which  should  exercise  the 
])owers  of  the  Education  De])artment.  Under  ordinances  adopted 
by  the  Board  of  Regents  on  July  2nd,  1913,  the  University  of  the 
State  of  New  ^'ork  thus  became  the  controlling  bodv  in  the  admin- 


2  KEW    YORK    SCHOOL    LAW 

istration  of  all  the  educational  affairs  of  the  State  and  then  became 
what  its  founders  intended  it  should  be  when  the  State  established 
it  in  1784. 

The  provision  of  the  constitution  is  as  follows : 

Article  IX 

Regents  of  the  University. — §  2.  The  corporation  created  in  the 
year  one  thousand  seven  hundred  and  eighty-four,  under  the  name 
of  The  Regents  of  the  University  of  the  State  of  New  York,  is 
hereby  continued  under  the  name  of  The  University  of  the  State 
of  New  York.  It  shall  be  governed  and  its  corporate  powers, 
which  may  be  increased,  modified  or  diminished  by  the  Legislature, 
shall  be  exercised  by  not  less  than  nine  regents. 

Controlling  Body.- —  The  Regents  are  the  controlling  or  govern- 
ing bodv  of  the  University. 

Chief  Functions. —  The  chief  powers  of  the  University  are  to 
administer  the  functions  of  the  Education  Department  and  to 
charter  and  inspect  educational  institutions,  confer  degrees,  deter- 
mine value  of  credentials,  the  value  of  institutions  not  in  the 
University  according  to  its  standards,  prescribe  examinations  for 
its  secondary  institutions  which  shall  be  a  suitable  standard  of 
graduation  therefrom  and  of  admission  to  college,  and  to  super- 
vise entrance  requirements  to  the  learned  professions,  and  the 
licensing  and  practice  of  such  professions. 

Chancellor  and  Vice-Chancellor. — The  chancellor  is  the  presid- 
ing officer  of  all  meetings  of  the  Regents  and  of  the  convocation. 
He  confers  degrees  authorized  by  the  Regents,  and  fixes  the  time 
and  place  of  all  special  meetings  of  the  Regents. 

When  the  chancellor  is  unable  to  perform  any  or  all  of  his 
duties,  they  are  performed  by  the  vice-chancellor. 

Charter  Educational  Institutions. —  The  Board  of  Regents  has 
authority  to  incorporate  an}' university,  college,  academy,  library, 
museum,  or  other  institution  or  association  for  the  promotion  of 
science,  literature,  art,  history,  or  other  department  of  knowledge 
under  such  terms  as  the  law  provides. 

The  Regents  may  also,  in  their  discretion,  issue  provisional 
charters,  they  may  change  the  name  of  institutions  which  have 
been  chartered,  and  they  may,  for  valid  reasons,  suspend  or 
revoke  any  charter  which  has  been  granted.  The  Regents  are 
also  empowered  to  remove  any  trustee  of  a  corporation  created 
by  them  for  misconduct,  incapacity,  neglect  of  duty,  or  where  it 
appears  to  their  satisfaction  that  the  corporation  has  failed  or 
refuses  to  carry  into  effect  its  educational  purposes. 


UNIVERSITY   OF  THE  STATE   OF   NEW   YORK  3 

They  may  also  amend  the  charter  of  any  institution  under  their 
supervision. 

No  institution  of  higher  education  may  be  incorporated  by  the 
Regents  until  such  institution  has  been  inspected  by  some  officer 
of  the  University  and  approved  by  the  Regents.  The  buildings, 
furniture  and  equipment  must  meet  the  Regents'  requirements. 

Licenses  of  Schools,  etc. —  No  person,  firm,  corporation,  asso- 
ciation or  society  shall  conduct,  maintain  or  operate  any  school, 
institute,  class  or  course  of  instruction  without  having  been 
granted  a  license  issued  under  rules  prescribed  by  the  Regents 
of  the  University. 

No  license  shall  be  granted  for  any  such  purpose  where  it  shall 
appear  that  the  instruction  proposed  to  be  given  includes  the 
teaching  of  the  doctrine  that  organized  governments  shall  be 
overthrown  by  force  or  unlawful  means,  or  where  it  shall  appear 
that  such  school,  institute,  class  or  course  is  to  be  conducted  in 
a  fraudulent  manner. 

Licenses  shall  not  be  required  for  the  public  schools  of  the 
State  nor  for  educational  institutions  which  are  now  (Sept.  i, 
192 1 )  or  may  hereafter  be  incorporated  by  the  University  or 
admitted  to  meml^ership  in  the  University;  nor  shall  such  license 
be  required  of  schools  now  or  hereafter  established  and  main- 
tained by  a  religious  denomination  or  sect  well  recognized  as 
such  ;  nor  shall  such  license  be  required  for  classes  conducted  by 
fraternal  orders  duly  incorporated  under  the  laws  of  the  State, 
which  have  for  their  purpose  solely  the  instruction  of  their  mem- 
bers in  the  ritual  of  such  orders. 

The  Regents  may  revoke  a  license  issued  to  a  school,  institute, 
class  or  course  after  due  opportunity  to  be  heard. 

The  action  of  the  Regents  in  refusing  to  grant  a  license  or  in 
revoking  a  license  is  subject  to  review  by  certiorari  in  the 
supreme  court. 

Degree-Conferring  Institutions. —  No  individual,  association, 
corporation,  or  institution  can  legally  confer  degrees  in  this  State 
unless  express  provision  granting  this  power  is  given  l)y  a  charter 
granted  either  by  the  State  Legislature  or  by  the  Regents.  No 
institution  or  association  can  transact  business  under,  or  assume 
in  any  way,  the  name  of  university  or  college  without  permission 
from  the  Regents. 

No  institution  can  be  authorized  under  the  LTniversity  law  to 
confer  degrees  unless  it  has  resources  of  at  least  $500,000. 

Crimes  Under  University  Law. —  Counterfeiting  any  credential 
issued  under  the  seal  of  the  I'niversity  or  making  any  unauthor- 
ized alteration  in  such  credential  is  a  felony. 

Any  one  personating  another  by  attempting  to  take  an  exam- 
ination in  his  name,  or  procuring  a  person  thus  falsely  to  per- 
sonate another,  or  attempting  in  any  way  to  obtain  a  record  of 


4  NEW    \UKK    SCilOUL   LAW 

having  passed  a  Regents'  examination  in  violation  of  the  Uni- 
versity regulations,  or  to  obtain  a  credential  issued  by  the 
Regents,  and  based  upon  an  examination  or  course  of  study 
which  he  has  not  actually  passed  or  completed,  is  guilty  of  a 
misdemeanor.  A  person  who  aids  or  abets  another  in  such  vio- 
lation is  likewise  guilty  of  the  same  crime.  A  person  who  has  in 
his  possession  previous  to  an  examination  the  question  papers  to 
be  used  in  such  examination  when  not  contained  in  their  sealed 
wrappers  or  who  sells  or  ofifers  to  sell  a  Regents'  question  paper 
in  advance  of  an  examination  is  guilty  of  a  misdemeanor.  A 
person  who  fraudulently  issues  a  Regents'  credential,  or  who 
falsely  represents  himself  as  having  received  a  degree  or  cre- 
dential, or  who  appends  without  proper  authorization  to  his 
name  the  letters  representing  any  degree  conferred  by  the  Uni- 
versity, is  also  guilty  of  a  misdemeanor. 

University  Credentials  of  High  School  Grade. —  These  creden- 
tials are  the  qualifying  certificates,  and  the  diplomas.  Eight 
years  of  preacademic  preparation  or  its  equivalent  is  the  pre- 
requisite to  the  preliminary  professional  and  all  equivalent  cer- 
tificates. The  qualifying  certificates  are  the  law  student,  medical 
student,  dental  student,  optometry  student,  veterinary  student, 
chiropody  student,  oral  hygiene  student,  pharmacy  student,  and 
nurse  student  and  the  qualifying  certificates  for  admission  to  the 
examinations  for  certified  public  accountants  and  certified  short- 
hand reporters  and  architects. 

Preliminary  Certificates. —  A  preliminary  certificate  is  issued  to 
any  person  who  passes  Regents'  examinations  in  writing,  read- 
ing, spelling,  elementary  English,  arithmetic,  geography  and 
elementary  United  States  history  with  civics. 

Count. —  The  term  "  count  "  represents  one  year's  work  of  one 
hour  per  week  on  one  subject.  A  subject  pursued  five  periods  per 
week  for  one  year  represents  five  counts. 

Academic  Diploma. —  This  diploma  is  issued  on  the  completion 
of  a  four-year  high  school  course,  for  which  seventy-two  academic 
counts  will  be  required,  of  which  sixteen  must  be  in  English, 
eight  in  history  and  at  least  ten  each  in  science  and  mathematics. 
The  minimum  passing  mark  for  this  diploma  is  sixty  per  cent 
for  students  pursuing  regular  courses  in  approved  schools. 

An  academic  diploma  may  also  be  granted  to  any  pupil  Avho 
has  passed  the  examinations  required  for  a  college  entrance 
diploma  at  an  average  standing  of  not  less  than  70  per  cent,  but 
who  for  some  other  reason  has  failed  to  qualify  for  the  college 
entrance  diploma. 

.Icademic  Diploma  in  Classical  Subjects. —  This  diploma,  which 
indicates  the  completion  of  a  four-year  high  school  course,  shall 
be  issued  to  pupils  in  recognized  high  schools  who  earn  72 
academic    counts   as    follows:      English,    16    counts;    Latin,    20 


UNIVERSITY   OF  THE   STATE   OF   NEW   YORK  5 

counts;  a  second  foreign  language  (three  years),  15  counts; 
history,  5  counts;  science,  5  counts;  mathematics,  10  counts; 
electives,  i  count. 

This  diploma  will  also  be  given  to  pupils  who  have  earned  in 
Regents  examinations  the  counts  required  for  the  college  en- 
trance diploma  in  arts,  including  four  years  of  Latin,  with  a 
passing  mark  of  60  per  cent  or  more,  but  who  for  some  other 
reason  have  failed  to  obtain  the  college  entrance  diploma. 

No  diploma  of  graduation  shall  be  granted  after  June,  1918, 
without  evidence  that  the  pupil  to  whom  it  is  granted  has  com- 
pleted the  course  of  instruction  outlined  under  the  title  "  Civics  " 
in  the  Syllabus  for  Secondary  Schools,  or  its  equivalent. 

Academic  Diploma  in  Commercial  Subjects. —  This  diploma, 
which  represents  the  completion  of  a  four-year  high  school 
course,  shall  be  issued  to  pupils  in  approved  high  schools  who 
earn  y2  county  prescribed  as  follows :  English  (first  three  years), 
12  counts;  science,  5  counts;  mathematics  (algebra  or  geometry), 
5  counts;  history,  10  counts;  elective  sul)jects,  14  counts;  and 
who  have  passing  marks  averaging  at  least  75  per  cent  (average 
to  be  computed  on  relative  count  value  of  subjects),  in  the  fol- 
lowing subjects:  business  English,  4  counts;  commercial  arith- 
metic, 5  counts;  business  writing,  2  counts;  commercial  geog- 
raphy, 2j^  counts;  and  either  bookkeeping  2,  10  counts,  and 
commercial  law,  2j  j  counts ;  or  shorthand  2,  10  cormts,  and  type- 
writing, 2y2.  counts. 

Academic  Diploma  in  Vocational  Subjects. —  This  diploma, 
which  indicates  the  completion  of  a  four-year  high  school  course, 
shall  be  issued  to  pupils  in  recognized  high  schools  who  earn  y2 
academic  counts,  who  meet  the  regular  requirements  for  the 
academic  diploma,  as  follows:  English,  16  counts;  science,  10 
counts ;  mathematics,  10  counts ;  history,  8  counts ;  and  obtain  at 
least  25  counts  for  the  successful  completion  of  aj)proved  courses 
in  vocational  stil)jects.  In  computing  the  counts  for  the  academic 
diploma  in  vocational  subjects,  agricultural  biology,  agricultural 
physics,  agricultural  chemistry,  household  physics  and  household 
chcmi'^try  may  be  applied  toward  the  science  requirement. 

College  Entrance  Diplomas  and  Certificates. —  College  entrance 
diplomas,  which  are  issued  in  arts,  in  science  or  in  engineering, 
and  whose  requirements  are  substantially  the  same  as  the  en- 
trance requirements  of  the  colleges  of  the  State,  are  designed  to 
guide  preparation  for  and  to  facilitate  admission  to  college  and  to 
constitute,  in  part,  the  basis  for  awarding  the  University  scholar- 
ships, and  will  be  given  only  to  pupils  of  the  registered  secondary 
schools  in  this  State  who  take  the  usual  oath  of  allegiance  to  the 
State  of  New  York  and  to  the  I'^nited  States  and  file  the  same, 
together  with  their  respective  prinicipal's  certificate  of  their  good 
moral  character,  with  a  written  application  for  such  diplomas  by 


6  NEW   YORK   SCHOOL   LAW 

the  fifteenth  of  the  month  of  July  next  succeeding  the  completion, 
within  six  years  from  their  enrolment  which  may  be  at  the  begin- 
ning of  any  half  year,  of  at  least  four  full  school  years  of  time,  or 
of  a  longer  period  if  the  pupils  choose,  of  approved  study  in  such 
schools,  who  have  earned  in  Regents  examinations,  with  passing 
marks  averaging  at  least  75  per  cent,  the  respectively  prescribed 
counts.  But  such  pupils  who  have  earned  the  required  counts  for 
college  entrance  diplomas,  and  have  otherwise  qualified  there- 
for, may,  upon  their  principal's  certification  of  exceptional  train- 
ing and  ability,  receive  such  diplomas  after  three  and  one-half 
years  of  such  study.  The  specific  requirements  in  Regents' 
counts  may  be  ascertained  by  communicating  with  the  President 
of  the  University  at  Albany,  N.  Y. 

New  Requirements. —  A  new  rule,  making  only  one  form  of 
college  entrance  diploma  instead  of  the  three  forms  mentioned 
above  and  materially  changing  the  examination  requirements, 
will  go  into  efifect  in  192 1.  The  new  requirements  in  the  exam- 
inations are  as  follows : 

1.  The  candidate  for  a  college  entrance  diploma  must  ofifer 
evidence  that  he  has  satisfactorily  completed  a  four-year  sec- 
ondary course  approved  by  the  Board  of  Regents. 

2.  He  must  pass  a  comprehensive  examination  in  each  of  the 
following  three  subjects: 

a  English  (four  years). 

b  Latin  or  Greek,  or  French,  or  Spanish,  or  German  (three 
years). 

c  Mathematics  (two  and  one-half  years)  (intermediate  algebra 
and  plane  geometry). 

And  in  a  fuiirlJi  subject  chosen  from  the  following: 

d  History  (one  year). 

e  Physics,  or  chemistry  (one  year). 

/  A  second  foreign  language  (two  years). 

3.  He  must  obtain  an  average  rating  in  all  of  at  least  75  per 
cent,  with  a  minimum  passing  mark  of  60  per  cent  for  any  paper. 

4.  The  five  examinations  must  be  taken  in  three  consecutive 
examination  periods. 

This  new  rule  becomes  effective  for  the  college  entrance 
diplomas  issued  in  1921.  But  pupils  who  shall  have  passed 
prior  to  January  i,  1921,  any  of  the  Regents  examinations  re- 
quired for  the  college  entrance  diploma  under  the  former  rule 
may,  up  to  July  i,  1922,  complete  such  requirements  either 
under  the  former  rule  or  under  the  new  rule  as  may  be  pre- 
ferred in  any  case. 

Music  Di/'Ionta. —  This  diploma,  which  indicates  the  completion 
of  a  four-year  high  school  course,  shall  be  issued  to  pupils  who 
earn  y2  academic  counts,  as  follows :  Musical  instruction 
(4  years),  20  counts;   music   practice    (credit,   if   course   is   an- 


UNIVERSITY   OF  THE   STATE   OF   NEW    YORK  7 

proved,  allowed  on  certificate  of  principal.  Two  hours'  practice 
a  week  for  a  school  year  entitles  to  i  count),  i8  counts;  English 
(4  years),  i6  counts;  a  foreign  language  (2  years),  10  counts; 
history,  6  counts;  electives,  2  counts. 

Counts  for  music  practice  shall  be  given  only  to  pupils  of 
accredited  academic  schools  after  the  course  has  in  each  case 
been  approved  by  the  Department.  A  course  in  music  practice 
will  not  be  approved  unless  it  extends  over  at  least  three  years 
of  the  course  and  not  more  than  6  counts  will  be  allowed  for 
music  practice  during  any  one  year.  No  credit  will  be  alloA\ed 
for  music  practice  for  any  particular  pupil  until  the  examination 
in  chorus  singing  and  rudiments  of  music  has  been  passed. 

A  pupil  who  obtains  the  specified  counts  for  an  academic 
diploma  may  offer  music  for  not  more  than  24  of  the  remaining 
28   counts. 

Advanced  Diploma. —  This  diploma  provides  for  all  academic 
courses  longer  than  the  regular  course  covered  by  the  academic 
diploma  above.  It  is  issued  only  to  those  who  have  earned  any 
academic  diploma  and  eighteen,  thirty-six  or  fifty-four,  etc., 
counts  in  addition.  On  its  face  are  specified  the  total  counts, 
its  name  being  determined  by  the  highest  multiple  of  eighteen. 

The  above  diplomas  Avill  be  issued  on  the  following  basis: 

1.  A  diploma  based  upon  a  minimum  passing  mark  of  sixty 
per  cent  in  each  subject  except  that  in  the  case  of  the  academic 
diploma  in  commercial  subjects  a  standing  of  seventy-five  per 
cent  must  be  obtained  in  certain  subjects. 

2.  A  diploma,  with  credit,  to  be  issued  to  students  who  attain 
a  standing  of  seventy-five  per  cent  or  more  in  subjects  aggre- 
gating fort}^  academic  counts.  Advanced  diplomas  will  be 
issued  in  like  manner  if  five-ninths  of  the  counts  required  are 
secured  with  the  same  minimum  per  cents. 

3.  A  diploma,  with  honor,  to  be  issued  to  students  who  attain 
a  standing  of  ninety  per  cent  or  more  in  subjects  aggregating 
forty  academic  counts. 

Commercial  Credentials. —  Staic  Commercial  Certificate. —  This 
credential  shall  be  granted  to  those  who  pass  the  Regents  exam- 
inations (at  not  less  than  75  per  cent)  in  the  following  subjects 
based  on  the  secondary  syllabus :  bookkeeping  2,  commercial 
arithmetic,  commercial  law,  business  English,  and  business 
writing,  provided  the  time  requirement  in  each  subject  has 
been  substantially  met  either  in  a  high  school  or  registered 
business   school. 

State  Shorthand  Certificate. —  This  credential  will  be  granted  to 
those  who  pass  the  Regents  examinations  (at  not  less  than  75  per 
cent)  in  the  following  subjects  based  on  the  secondary  syllabus: 
shorthand  2,  typewriting,  business  writing,  and  business  English, 


8  NEW   YORK   .SCJIOOI,   LAW 

provided  the  time  requirement  in  each  subject  has  been  substan- 
tially met  either  in  a  high  school  or  registered  business  school. 
Qualifying  Certificates  are  certificates  giving  evidence  that  the 
holder  has  such  academic  education  as  is  required  by  law  or 
Regents  ordinances  for  admission  to  the  study  of  the  various 
professions  and  for  admission  to  certain  professional  and  tech- 
nical schools  and  to  the  examination  for  certiiied  public  account- 
ants and  certified  shorthand  reporters.  These  certificates  are 
issued   only   for   the   purposes    specified. 

Medical  Student  Certificates. —  A  medical  student  certificate 
may  be  secured  after  January  1,  1919,  by  presenting  evidence 
of  the  satisfactory  completion  of  two  years  of  college  work 
covering  not  less  than  6o  semester  hours  in  an  approved  col- 
lege of  liberal  arts  and  science  after  the  completion  of  an 
approved  high  school  course  or  its  equivalent  as  shown  by  exam- 
inations conducted  by  an  examining  board  or  by  an  examiner 
approved  by  an  authorized  accrediting  agency.  The  two  years 
of  college  work  must  include: 

Chemistry  12  semester  hours,  of  which  4 

must  cover  organic  chemistry 
Physics  6  or  8  semester  hours 

Biology  6  or  8  semester  hours 

English  composition  and  litera- 
ture 6  semester  hours 
The  applicant  must  also  present  evidence  that  at  the  time  when 
his  collegiate  study  was  begun  he  had  fully  met  the  requirement 
exacted  for  matriculation  by  the  college  which  he  attends.  Cer- 
tification to  this  effect  must  be  made  by  the  proper  authority  of 
the  college  when  application  for  the  certificate  is  made. 

It  is  to  be  especially  noted  that  the  applicant  for  this  certificate 
must  have  completed  his  full  secondary  education  or  the  equiva- 
lent prior  to  the  time  his  collegiate  study  is  begun. 

The  entrance  requirement  which  a  medical  school  may  exact 
may  be  in  excess  of  the  State  requirement  for  a  medical  student 
certificate.  It  is,  therefore,  advisable  for  an  applicant  to  inquire 
of  the  medical  school  which  he  contemplates  entering  what  re- 
quirement must  be  met  f(^r  admission.  The  medical  student 
certificate  may  be  obtained  only  as  herein  specified  and  the  cer- 
tificate may  no  longer  be  earned  by  taking  Regents  examinations. 
Medical  Student  Certificate  for  Admission  to  the  Study  of 
Osteopathy. —  The  Regents  rule  relative  to  the  issuance  of  this 
certificate  reads  as  follows: 

Prior  to  January  i,  1926,  a  medical  student  certificate  for 
admission  to  a  school  of  osteopathy  may  be  secured  by  present- 
ing evidence  of  a  general  education  equivalent  to  eight  years  of 
elementary  preparation  and  an  approved  college  entrance  four- 
vear  high  school  course. 


UNIVERSITY   OF  THE   STATE   OF   NEW    YORK  O 

The  sciences,  physics,  chemislr}^  and  biology  are  not  required 
but  are  recommended.  The  requirement  is  therefore  the  same  as 
tlie  requirement  for  the  law  student  certificate. 

Law,  Veterinary,  C.  P.  A.  and  C.  S.  R.  Qualifying  Certificates. 
— ■  Each  of  these  qualifying  certificates  may  l)e  secured  in  any 
one  of  the  following  ways : 

1.  On  evidence  of  the  completion  of  the  freshman  year  in  a 
registered  course  of  any  college.  This  means  a  course  leading  to 
a  degree  such  as  B.  A.  or  B.  S. 

2.  On  evidence  of  the  satisfactory  completion  of  a  four-year 
course  in  an  approved  high  school  or  the  equivalent. 

3.  By  meeting  the  requirement  for  an  academic  or  college 
entrance  diploma. 

4.  By  passing  within  six  successive  years  Regents  examina- 
tions aggregating  72  counts  at  a  minimum  of  75  per  cent  in  the 
following  subjects: 

a.  Required,  56  counts : 

English,  three  years,  12  counts  ;  English,  fourth  }'ear,  4  counts  ; 
any  second-year  foreign  language,  10  counts;  elementary  alge- 
bra, 5  counts  ;  plane  geometry,  5  counts  ;  two  of  the  three  sciences, 
physics,  chemistry,  biology,  10  counts;  American  histoiy,  5 
counts;  modern  history  i,  or  modern  history  2,  or  social  science 
(civics  and  economics),  5  counts. 

b.  Electives,  16  counts : 

An  additional  second  year  of  a  foreign  language,  namely,  Latin 
second  year,  Greek  second  year,  French  second  year,  German 
second  year,  Spanish  second  year,  Italian  second  year,  or  Hebrew 
second  year,  10  counts ;  physics,  5  counts ;  chemistry,  5  counts ; 
biology,  5  counts ;  physical  geography,  5  counts ;  intermediate 
algebra,  2  counts ;  advanced  algebra,  3  counts ;  solid  geometry, 
2  counts;  plane  trigonometry,  2  counts;  modern  history  i, 
5  counts;  modern  history  2,  5  counts;  economics,  2^>  counts; 
civics,  2J/2  counts;  commercial  arithmetic,  5  counts;  bookkeep- 
ing I,  5  counts;  bookkeeping  2,  5  counts;  shorthand,  100-word 
test,  10  counts ;  drawing,  6  counts. 

The  president  of  the  University  may,  under  extraordinary 
conditions,  in  his  discretion,  waive  the  time  limit  within  which 
the  certificate  may  be  earned. 

5.  By  evidence  of  one  or  more  years  of  high  school  work  (each 
year  of  such  work  being  e([uivalent  to  18  counts)  supplemented 
by  special  Regents  examinations  at  75  per  cent  in  each  subject 
sufficient  to  m^ake  a  total  of  72  counts.  Candidates  for  qualifying 
certificates  by  this  method  are  to  be  advised  upon  presenting 
evidence  of  high  school  work  in  what  subjects  it  shall  be  neces- 
sary for  them  to  take  examinations  to  complete  the  requirements. 

Dental  Student  Certificate. —  The  requirement  for  this  certifi- 
cate is  the  same  as  the  requirement  for  the  law  student  certificate. 


10  NEW  YORK  SCHOOL  LAW 

except  that  evidence  must  be  submitted  showing  the  satisfactory- 
completion  of  a  one-year  course  in  an  approved  school  in  each  of 
the  following  sciences :  Physics,  chemistry,  biology,  or  in  lieu 
thereof,  the  passing  of  each  of  these  sciences  at  75  per  cent  or 
above  in  Regents  examinations.  Under  no  circumstances  is  this 
certificate  issued  unless  the  science  requirement  has  been  met  in 
full.  Under  no  circumstances  may  the  prospective  dental  student 
begin  his  course  in  dentistry  until  he  has  fully  met  this  prelim- 
inary education  requirement.  An  applicant  for  this  certificate 
must  present  evidence  that  he  is  seventeen  years  of  age  or  over 
not  later  than  the  May  preceding  the  opening  of  the  term  when 
his  dental  study  is  to  be  begun. 

After  January  i,  1921,  a  dental  student  certificate  may  be 
secured  upon  the  presentation  of  satisfactory  evidence  of  the 
completion  of  one  year  of  work  in  physics  in  an  approved  high 
school,  and  in  addition  one  year  of  instruction  in  an  approved 
college  of  liberal  arts  and  science  after  the  completion  of  an 
approved  four-year  high  school  course  based  upon  eight  years 
of  elementary  preparation.  The  year  of  college  instruction  shall 
be  not  less  than  three  year-hours  (six  semester  hours),  each,  of 
English,  of  biology,  of  chemistry,  and  six  year-hours  of  elec- 
tives  from  the  following:  A  modern  foreign  language,  mathe- 
matics, history,  technical  drawing,  shop  practice. 

After  January  I,  1926,  a  dental  student  certificate  may  be 
secured  upon  the  presentation  of  satisfactory  completion  of 
two  years  of  instruction  in  an  approved  college  of  liberal  arts 
and  science  after  the  completion  of  an  approved  four-year  high 
school  course  based  upon  eight  years  of  elementary  preparation. 
The  content  of  the  course  shall  be  a  year  of  instruction,  of  not 
less  than  three  year-hours  (six  semester  hours),  each,  of  Eng- 
lish, of  biology,  of  chemistry,  of  physics,  and  electives  sufficient 
to  make  up  a  full  complement  of  work  for  the  student  during 
his  two  years  of  college  study. 

Optometry  Student  Certificate. —  This  certificate  may  be 
secured  after  January  i,  1920,  in  one  of  the  following  ways: 

1.  On  evidence  of  the  satisfactory  completion  of  four  years 
of  approved  high  school  work,  or  the  equivalent. 

2.  By  passing  at  75  per  cent  or  above  in  each  subject  Regents 
examinations  aggregating  'J2  counts. 

Up  to  and  including  the  Regents  academic  examination  in 
September,  1919,  this  certificate  may  be  issued  upon  the  satisfac- 
tory completion  of  the  equivalent  of  two  years  of  approved  high 
school  work,  or  36  counts  earned  in  Regents  examinations  passed 
at  75  per  cent. 

The  applicant  for  this  certificate  should  not  fail  to  remember 
that  the  certificate  must  be   earned   before   beginning  the   first 


UNIVERSITY   OF  THE  STATE  OF   NEW   YORK  II 

year  in  a  registered  optometry  school  or  before  beginning  the 
second  year  of  study  in  the  ofifice  of  a  registered  optometrist. 

Pharmacy  Student  Certificate. —  This  certificate  may  be 
secured  by  passing  in  Regents  examinations  at  75  per  cent  or 
above  in  each  subject,  any  subjects  given  in  such  examinations 
aggregating  30  counts  or  by  presenting  evidence  of  study  deemed 
by  the  Regents  to  be  the  equivalent.  This  equivalent  must  be 
the  satisfactory  completion  of  at  least  two  years  of  approved 
secondary  school  study. 

The  applicant  for  this  certificate  should  remember  that  it  may 
be  issued  on  30  counts  only  when  the  counts  are  earned  entirely 
in  Regents  examinations  passed  at  75  per  cent. 

Chiropody  Student  Certificate. —  A  chiropody  student  certifi- 
cate may  be  secured  by  completing  two  years  (after  October  I, 
1919,  three  years;  October  i,  1921,  four  years)  of  high  school 
work;  or  by  earning  36,  54  and  ']2  counts,  respectively,  in  Regents 
examinations  at  75  per  cent  or  above. 

Nurse  Student  Certificate. —  This  certificate  may  be  secured 
in  either  one  of  the  following  ways: 

1.  On  the  evidence  of  the  satisfactory  completion  of  one  year 
of  approved  high  school  w^ork  or  the  equivalent. 

2.  I3y  passing  at  75  per  cent  or  above  in  each  subject  Regents 
examinations  aggregating  18  counts. 

REVIEW  QUESTIONS 

What  was  the  first  educational  institution  created  by  the  State?  When 
was  it  created?  Trace  its  development  historically.  What  change  was  made 
in  the  organization  in  1889?     In  1894?     In  1904?     In  1913? 

What  are  the  chief  powers  of  the  University?  What  officers  has  it? 
What  are  their  duties?  What  is  the  authority  of  the  University  in  relation 
to  institutions  which  have  been  chartered?  What  atuhority  has  the  Uni- 
versity in  the  matter  of  licensing  schools,  institutes,  etc.?  Upon  what  grounds 
may  such  licenses  be  revoked?  What  steps  are  necessary  before  an  institu- 
tion may  be  chartered?  What  institution  may  confer  de.r^rees?  What  pro- 
hibition is  made  by  law  in  relation  to  institutions  using  the  name  college  or 
university?  Before  an  institution  can  be  authorized  under  the  University 
law  to  confer  degrees  what  must  its  resources  be?  A\'hat  act  under  the 
University  law  is  a  felony?     What  acts  are  misdemeanors? 

Name  the  credentials  issued  by  the  University.  What  is  a  pass  card? 
What  is  meant  by  the  term  count?  What  is  a  preliminary  certificate?  .-\n 
academic  diploma?  What  must  candidates  do  to  obtain  a  medical-student, 
dental-student,  or  a  veterinary-student  certificate?  A  law-student  certificate? 
Other  certificates? 


CHAPTER  II 

STATE    EDUCATION    DEPARTMENT 

[Article  2] 

Historical  Sketch. —  The  Department  of  the  State  Government 
which  is  charged  with  the  supervision  of  aU  pubHc  education  is 
now  called  the  University  of  the  State  of  New  York.  It  is  located 
in  the  State  Education  Building  at  Albany.  This  institution  was 
established  by  act  of  the  Legislature  in  1784,  and  since  that  date 
there  has  been  a  department  or  departments  of  the  State  Govern- 
ment under  different  names  which  have  been  charp;ed  with  the 
function  of  administering-  the  educational  interests  of  the  State, 
The  Unification  Act  of  1904  created  the  Education  Department. 
By  Regents'  ordinance  adopted  in  1913,  power  was  conferred  upon 
the  University  of  the  State  of  New  York  to  administer  the  powers 
and  functions  of  the  Education  Department.  The  University  of 
the  State  of  New  York  is,  therefore,  charged  with  the  general 
management  and  supervision  of  all  public  schools  and  educational 
institutions  and  of  all  general  educational  work  of  the  State, 

Maintenance  of  Schools  —  Constitutional  Provision. —  The 
Constitution  contains  but  one  provision  in  relation  to  the  main- 
tenance of  a  public  school  system.  This  provision  is  a  clear,  simple 
mandate  which  recpires  the  Legislature  to  provide  for  the  main- 
tenance and  support  of  a  system  of  free  common  schools  wherein 
all  the  children  of  the  State  may  be  educated.  The  language  of 
the  Constitution  is  as  follows : 

Article  IX 

Common  Schools. —  Section  i.  The  Legislature  shall  provide 
for  the  maintenance  and  support  of  a  system  of  free  common 
schools,  wherein  all  the  children  of  this  State  may  be  educated. 

The  University  has  been  organized  and  its  work  classified  as 
follows : 

12 


STATE    EDUCATION    DEPARTMENT  '  13' 

BOARD    OF    REGENTS  .         . 

General  Powers. —  The  Board  of  Regents  has,  subject  to 
the  laws  of  the  State,  legislative  control  over  the  Education  Depart- 
ment and  State  educational  policies  and  such  board  also  exercises 
all  the  powers  of  the  University  of  the  State  of  New  York.  It 
approves  all  appointments  made  by  the  Commissioner  of  Education, 
and  fills  an)  vacancy  that  may  exist  in  the  office  of  Commissioner 
of  Education. 

It  gives  direction  to  the  work  related  to  admission  to  the  learned 
professions,  to  the  management  of  the  State  library  and  the  scien- 
tific work  of  the  State,  and  to  other  educational  work  sustained  by 
the  State  outside  of  teaching  institutions. 

Number. — -  The  law  provides  that  there  shall  always  be  three 
more  regents  than  there  are  judicial  districts  in  the  State.  As  there 
are  nine  judicial  districts  at  present,  there  must  be  twelve  regents. 

Election. —  One  regent  is  chosen  on  joint  ballot  of  the 
assembly  and  the  senate  during  the  second  week  in  February  each 
year. 

Term. —  As  one  regent  is  chosen  each  year  and  as  the  number 
of  regents  is  twelve,  the  term  of  a  regent  is  twelve  years. 

Vacancies  —  How  Filled. —  If  a  vacancy  on  the  Board  of 
Regents  occurs  in  a  judicial  district  which  should  still  have  a 
representative  on  the  Board  of  Regents  and  there  shall  be  at  the 
time  of  such  vacancy  a  district  not  represented  on  such  l)oard,  such 
vacancy  must  be  filled  by  the  election  of  a  regent  residing  in  such 
unrepresented  district. 

If  a  vacancy  in  the  office  of  regent  occurs  for  other  cause  than 
expiration  of  term  of  office,  such  vacancy  shall  be  filled  for  the 
unexpired  term  by  the  legislature  if  it  is  in  session,  and  if  it  is  not 
in  session  such  vacancy  shall  be  filled  at  the  session  of  the  legis- 
lature immediately  following. 

President  of  University  and  Commissioner  of  Education. — 
The  President  of  University  and  Commissioner  of  Education  has 
executive  direction  over  the  affairs  of  the  Education  Department 
and  is  the  general  advisory  and  supervisory  officer  of  the  entire 
State  educational  system.  Chapter  III  of  this  work  is  devoted 
exclusively  to  his  election,  powers,  duties,  etc. 

Deputy  and  Assistant  Commissioners  of  Education. —  There 
are   three   assistant   commissioners    of    education.     These   assistant 


14  XEVV  YORK   SCHOOL  LAW 

commissioners  exercise  the  functions  of  the  Commissioner  of  Edu- 
cation in  their  respective  fields,  under  his  general  direction.  The 
Commissioner  of  Education  has  designated  the  Counsel  of  the  Uni- 
versity as  Deputy  Commissioner  of  Education.  These  officers  are 
officially  designated  r.s  follows :  Deputy  Commissioner  and  Counsel, 
.Assistant  Commissioner  and  Director  for  Professional  Education, 
Assistant  Commissioner  for  Secondary  Education  and  Assistant 
Commissioner  for  Elementary  Education. 

Chiefs  of  Divisions. —  The  Regents  on  the  recommendation  of 
tlie  Commissioner  of  Education  classifies  the  administrative  and 
e-cal  work  of  the  Department  into  divisions.  The  Commissioner 
of  Education  on  approval  of  the  Regents  appoints  a  chief  or 
director  in  charge  of  each  division.  Chiefs  or  directors  of  divi- 
sions are  directly  responsible  to  the  Commissioner  of  Education. 
There  are  eleven  of  these  divisions. 

Director  of  State  Library. —  This  division  has  charge  of  the 
State  Library,  and  the  library  school.  The  State  Library  was 
established  in  1818.  It  was  placed  under  the  trusteeship  of  the 
various  State  officials.  In  1844  it  was  placed  under  the  custody 
of  the  Regents  of  the  L^niversity,  and  in  1899  was  made  a  part 
of  the  University. 

Director  of  State  Museum. —  The  work  of  this  division  em- 
braces investigations  in  natural  science,  the  economic  and  indus- 
trial applications  of  such  science,  and  the  State  Museum.  It 
also  embraces  the  work  of  the  State  geologist  and  paleontologist, 
the  State  botanist,  State  entomologist,  mineralogist,  zoologist 
and  archeologist. 

Director  of  Vocational  and  Extension  Education. —  This  divi- 
sion has  general  charge  of  all  branches  of  industrial  education, 
including  trade  schools,  industrial  schools,  courses  in  home- 
making  and  in  agriculture.  This  division  has  charge  of  rehabili- 
tation and  Americanization. 

Division  of  Archives  and  History. —  The  office  of  the  State 
Historian  is  a  part  of  the  Education  Department  and  the  duties 
formerly  devolving  on  that  officer  are  now  performed  through 
this  division.  The  division  created  by  the  Legislature  of  191 1 
and  known  as  the  "  Public  Records  Division  "  was  abolished  by 
the  Legislature  of  191 5  and  the  functions  of  that  division  were 
merged  with  the  Division  of  History. 


STATE    EDUCATION'    DEPARTMENT  I5 

Director  of  Examinations  and  Inspections. —  This  division  has 
charge  of  all  examinations  conducted  by  the  Education  Department 
and  also  has  supervision  of  the  inspection  of  the  educational  insti- 
tutions of  the  State.  The  work  of  the  Examinations  Division  and 
the  Inspections  Division  was  coordinated  by  action  of  the  Board  of 
Regents  in  April,  1915. 

The  propriety  of  holding  Regents  examinations  was  first  sug- 
gested in  1828.  It  was  not,  however,  until  June,  1864,  that  regula- 
tions were  prescribed  for  holding  examinations  in  preliminary 
subjects.  The  first  examination  was  held  in  June.  1865,  and 
included  the  subjects  of  arithmetic,  geography,  grammar,  reading, 
writing,  and  spelling.  In  18/8,  examinations  were  established  in 
20  advanced  academic  subjects.  The  number  of  subjects  has 
gradually  increased  until  it  is  now  more  than  100. 

(a)  Lazv  Examinations. —  Examinations  for  admission  to  the  bar 
are  conducted  by  a  State  board  of  examiners  under  the  direction 
of  the  Court  of  Appeals.  The  Department  has  nothing  to  do  with 
these  examinations.  Law  students,  before  entering  upon  the  study 
of  law,  must  ofl:'er  certain  preliminary  educational  qualifications 
prescribed  by  the  Court  of  Appeals.  The  examinations  by  which 
these  qualifications  are  determined  are  under  the  direction  of  the 
Department.  It  is  also  authorized  to  accept  the  completion  of 
certain  higher  courses  of  study  as  a  substitute  for  these  examina- 
tions. 

ib)  Medical  Examinations. —  A  certain  amount  of  general  edu- 
cation is  required  of  all  persons  beginning  the  study  of  medicine. 
The  University  has  supervision  of  the  preliminary  medical-student 
examinations,  and  is  also  the  sole  authority  to  issue  licenses  for  the 
practice  of  medicine  in  the  State.  The  examinations  for  candi- 
dates who  desire  to  practice  medicine  are  under  the  direction  of 
boards  of  medical  examiners  appointed  by  the  Regents.  The  mem- 
bers of  these  boards  are  leading  physicians  from  various  parts  of 
the  State.  Since  1890  the  authority  to  indorse  diplomas  or  licenses 
of  physicians  from  other  States  or  countries  has  been  vested  in  the 
Department.  Previous  to  this  date  such  authority  was  possessed  by 
each  of  the  medical  colleges  of  the  State. 

(c)  Other  Professional  Examinations. —  This  division  has  charge 
also  of  the  examinations  for  candidates  who  desire  licenses  to 
practice  dentistry,  pharmacy,  optometry  and  veterinary  medicine  in 
the   State,   and    also  to   practice   as   public   expert   accountants,   or 


l6  NEW   YORK   SCHOOL  LAW 

architects,  or  who  desire  to  become  registered  nurses.  All  licenses 
of  this  kind  are  issued  by  the  University. 

((/)  Teachers'  E.vaiiiiiiatioiis.- — This  division  also  has  charge  of 
all  teachers'  examinations  held  in  the  State.  These  embrace  train- 
ing school,  training  class,  examinations  held  by  district  superintend- 
ents, and  those  for  special  and  for  life  State  certificates. 

(e }  Other  Examinations. —  This  division  has  charge  of  competi- 
tive examinations  on  which  State  scholarships  in  Cornell  University 
are  awarded  and  examinations  in  agriculture  for  persons  desiring 
to  qualify  for  the  office  of  district  superintendent. 

Administration  Division, —  This  division  has  general  super- 
vision of  the  internal  workings  of  the  Department  subject  to  the 
orders  of  the  Commissioner  of  Education.  It  has  general  charge 
of  the  mails,  express  matter,  documents  and  printing,  purchase  of 
supplies,  finances  of  the  Department,  and  has  direct  supervision 
over  the  employees  connected  therewith,  and  such  other  employees 
of  the  Department  as  are  not  under  the  direction  of  some  superior 
officer.  It  is  also  the  duty  of  this  division  to  see  that  expenditures 
are  made  in  accordance  with  the  requirements  of  the  appropriation 
bills.  It  also  receives  all  fees,  has  charge  of  all  expense  accounts, 
and  pays  Department  salaries.  This  division  is  also  charged  with 
the  duty  of  obtaining  from  all  educational  institutions  in  the  State 
and  all  school  districts  such  reports  as  they  are  required  by  law 
to  make  to  the  University  or  to  the  Education  Department.  It 
tabulates  such  reports  and  prepares  general  statistics  on  our  educa- 
tional system.  It  makes  all  legal  apportionments  of  State  funds 
to  the  public  schools  of  the  State  and  to  all  other  educational 
institutions  entitled  thereto. 

Attendance  Division. —  This  division  has  the  general  super- 
vision and  enforcement  of  the  compulsory  education  law  and  the 
census  laws. 

Library  Extension  Division. —  This  division  includes  all 
agencies  for  the  promotion  of  educational  advantages  for  the 
assistance  of  those  unable  to  attend  the  usual  teaching  institu- 
tions. The  means  employed  in  the  extension  of  this  work 
embrace  summer  schools,  vacation  schools,  evening  schools, 
correspondence  schools,  lecture  courses,  study  clubs,  reading 
circles,  etc.  The  supervision  of  the  incorporated  public  libraries 
of  the  State  is  under  the  direction  of  this  division.     It  also  has 


STATE  EDUCATION   DEPARTMENT  17 

charge  of  the  traveling'  libraries.  The  work  relating  to  educa- 
tion for  ad  alt  illiterates  is  connected  with  this  division. 

School  Buildings  Division. —  At  present  this  division  is  charged 
with  the  inspection  of  school  buildings  and  sites,  and  the  approval 
of  plans  and  specifications  for  repairs  to  school  buildings  and  the 
construction  of  new  buildings. 

Law  Division. —  This  division  interprets  the  school  law  and 
all  other  statutes  related  in  any  way  to  the  educational  work  of  the 
State.  It  has  direct  charge  of  all  contested  appeals  and  presents 
them  in  proper  form  to  the  Commissioner  of  Education  for  deter- 
mination. It  looks  after  the  form  and  legality  of  charters  issued 
by  the  Board  of  Regents  and  the  interests  of  the  Department  in  any 
litigation  in  the  courts  when  the  Department  is  thus  involved. 

School  Libraries  Division. —  This  division  has  charge  of  all 
matters  pertaining  to  public  school  libraries  and  of  the  relation 
which  such  libraries  bear  to  the  instruction  given  in  the  schools. 

Visual  Instruction  Division. —  This  division  has  general  charge 
of  the  collection  of  material  for  giving  instruction  by  means  of 
])ictorial  or  graphic  representation  in  geography,  history,  science  and 
kindred  subjects  and  of  the  distribution  and  loaning  of  such  material 
to  the  communities,  schools  and  other  institutions  entitled  to  receive 
the  same. 

Creation  or  Abolishment  of  Divisions. —  By  concurrent  action 
of  the  Regents  and  the  Commissioner  of  Education  the  Department 
is  divided  into  divisions.  By  similar  action  a  new  division  may  be 
created  or  an  existing;  dixision  abolished. 

Appointment  of  Officers  of  Department. —  All  officers  of  the 
Department  are  appointed  by  the  Commissioner  of  Education  subject 
to  the  approval  of  the  Regents. 

Removals  and  Suspensions. —  The  Commissioner  of  lulucation 
with  the  a])proval  of  the  Regents  may  remove  at  his  pleasure  any 
officer  or  employee  of  the  Department. 

When  the  Regents  are  not  in  session  he  may  suspend  during  his 
pleasure  without  salary  any  officer  or  employee  until  the  adjourn- 
ment of  the  succeeding  meeting  of  the  Regents. 

State  Education  Building. —  The  education  building  is  exclu- 
sively set  apart  under  the  law  for  the  use  of  the  Education  Depart- 
ment. The  Regents  and  the  Commissioner  of  Education  are  given 
power  to  assign  the  rooms  in  such  building  to  the  various  divisions, 
officers  and  work  of  the  Department. 


l8  NEW  YORK   SCHOOL  LAW 

Misdemeanor  Falsely  Representing  Education  Department. — 

It  is  a  misdemeanor  for  a  firm,  agent  or  other  person  engaged  in 
selling,  publishing  or  manufacturing  books,  charts,  apparatus  or  any 
other  school  supplies  to  falsely  represent  to  any  school  officer  or 
teacher  that  he  is  an  agent  or  representative  of  the  Education 
Department,  the  Regents,  the  Commissioner  of  Education  or  any 
other  school  officer. 

review'  questions 

What  constitutional  provisions  is  there  in  relation  to  the  maintenance  of 
a  public  school  system?  Give  a  brief  statement  of  the  supervision  exercised 
])y  the  State  over  Educational  affairs.  What  power  has  the  Board  of  Regents 
over  the  Education  Department?  Who  is  the  chief  officer  of  such  Depart- 
ment? How  many  assistant  commissioners  are  there?  State  their  title. 
What  is  the  general  duty  of  each?  How  is  work  of  the  Department  classi- 
fied? What  is  the  duty  of  the  director  of  the  State  library?  When  was  the 
library  established?  When  was  it  placed  under  the  direction  of  the 
Regents?  When  was  it  made  a  part  of  the  University?  What  is  the  chief 
work  of  the  State  museum?  State  in  general  terms  the  work  of  the  adminis- 
tration division.  Attendance  division.  Library  extension  division.  Exam- 
inations and  inspections  division.  When  were  Regents  examinations  first 
suggested?  First  given?  .State  the  various  purposes  for  which  examinations 
are  held.  What  is  the  chief  work  of  the  law  division?  School  libraries 
division?  Visual  instruction  division?  How  are  divisions  created  or 
abolished?  How  are  the  officers  of  the  Department  appointed?  How  may 
an  officer  be  removed?  How  may  an  officer  be  suspended?  Under  whose 
direction  may  rooms  of  the  State  education  building  be  assigned?  For 
what  use  is  such  building  exclusively  set  aside?  What  prohibition  is  there  as 
to  falsely  representing  the  Education  Department,  etc.    What  is  the  penalty? 


CHAPTER  III 

PRESIDENT   OF  THE   UNIVERSITY  AND   COMMISSIONER  OF   EDUCATION 

[Article  4] 

Historical  Sketch, —  On  June  19,  1812,  the  Governor  of  the 
State  approved  an  act  entitled  "An  Act  for  the  Estabhshment  of 
Common  Schools.''  This  act  is  the  law  which  is  regarded  as  the 
permanent  foundation  of  the  school  system  of  the  State.  It  pro- 
vided for  a  state  supervisory  school  officer  to  be  known  as  "  Super- 
intendent of  Common  Schools."  This  was  the  first  provision  made 
by  any  state  in  the  Union  for  a  state  supervisory  school  officer 
charged  with  the  general  administration  of  a  state  school  system. 

Gideon  Hawley  of  the  City  of  Albany  was  chosen  by  the  Council 
of  Appointment  to  fill  this  ofiice  on  January  14,  1813,  and  served 
in  such  capacity  until  February  22,  182 1.  Superintendent  Hawley 
during  the  eight  years  he  served  the  State  as  its  common  school 
superintendent  built  an  enduring  foundation  upon  which  the  present 
school  system  of  the  State  was  established.  On  February  22,  1821, 
he  was  removed  from  office  by  the  appointment  of  another  person 
to  succeed  him  through  action  of  the  Council  of  Appointment.  The 
reason  for  his  removal  was  purely  political.  The  action  of  the 
Cotmcil  of  Appointment  in  removing  the  chief  educational  officer 
of  the  State  for  a  purely  political  reason,  even  in  that  early  period, 
caused  such  general  indignation  throughout  the  State  and  was  so 
resented  by  the  people  that  within  less  than  two  months  from  the 
date  of  such  action  the  Legislature  abolished  the  office,  and  the 
powers  and  duties  of  such  office  were  conferred  upon  the  Secretary 
of  State. 

The  Secretary  of  State  served  ex-officio  as  superintendent  of 
common  schools  from  April  3,  1821,  until  April  8,  1854,  when  the 
first  State  Superintendent  of  Public  Instruction  assumed  the  duties 
of  his  office.  Chapter  97  of  the  Laws  of  1854  created  such  office. 
The  office  of  State  Superintendent  of  Public  Instruction  was  con- 
tinued  until    April    i,    1904,    when    the   L^nification   Act   went   into 

2  19 


20  NEW   \ORK   SCHOOL  LAW 

e-ffect.  Under  the  provisions  of  that  act,  the  office  of  Commissioner 
of  Education  was  created  and  the  first  Commissioner  assumed  the 
duties  of  his  office  April  i,  1904.  On  July  2,  191 3,  by  action  of 
the  Regents  of  the  University,  the  office  of  President  of  the 
University  and  Commissioner  of  Education  was  created. 

It  will  thus  be  observed  that  the  administration  of  public  school 
work  has  been  under  the  direction  of  four  State  supervisory  school 
officers,  as  follows: 

From  January  14,  1813,  to  February  22,  1821,  the  Superintendent 
of  Common  Schools ; 

From  February  22,  1821,  to  April  8,  1854,  the  Secretary  of  State, 
who  was  ex-officio  Superintendent  of  Common  Schools ; 

From  April  8,  1854,  to  April  i,  1904,  the  State  Superintendent  of 
Public  Instruction  ; 

From  April  i,  1904,  to  July  2,  1913,  the  Commissioner  of  Edu- 
cation ; 

Since  July  2,  1913,  the  President  of  the  University  and  Commis- 
sioner of  Education. 

Mode  of  Election. —  Under  the  law  of  1904  the  first  Commis- 
sioner of  Education  was  elected  by  joint  ballot  of  the  senate  and 
assembly.  The  provisions  of  that  act  hav6  now  been  incorporated 
in  the  Education  Law  and  under  this  lav/  any  vacancy  in  the  office 
of  Commissioner  of  Education  must  be  filled  by  appointment  by 
the  Board  of  Regents. 

Term  of  Office. —  The  term  of  office  of  the  first  Commissioner 
of  Education  was  six  years.  Since  the  expiration  of  the  first  six 
years,  or  since  April  i,  1910,  the  term  of  office  of  the  Commissioner 
of  Education  has  not  been  a  fixed  period,  but  such  commissioner 
now  serves  during  the  pleasure  of  the  Board  of  Regents. 

Eligibility. —  The  public  officers'  law  of  this  State  provides 
that  all  State  officers  shall  be  at  least  twenty-one  years  of  age,  a 
citizen  of  the  United  States,  and  a  resident  of  the  State.  The 
Education  law  modifies  the  pul:)lic  officers'  law  by  providing  that 
such  Commissioner  of  Education  may  or  may  not  be  a  resident  of 
the  State. 

Removal. —  The  Commissioner  of  Education  may  be  removed 
at  any  time  by  the  Board  of  Regents  for  cause. 

Salary. —  The  salary  of  the  Commissioner  of  Education  has 
been  $10,000  per  year  since  191 1.     It  was  fixed  at  this  amount  by 


PRES.    OF    UNlVIiRSITV    AND    COM.    OF    EDUCATION  21 

the  appropriation  bill  of  1910  and  also  by  actions  by  the  Board  of 
Regents. 

Powers  and  Duties, —  The  powers  and  duties  of  the  Commis- 
sioner of  Education  are  so  numerous  that  it  is  not  practicable  to 
consider  them,  except  in  a  general  way.  For  the  specific  duties  of 
the  commissioner  in  relation  to  any  branch  of  work  the  chapter  on 
such  work  should  be  consulted.  The  duties  of  the  commissioner 
are  executi\-e  and  judicial.  His  more  important  powers  and  duties 
are  as  follows : 

Chief  Execiith'c  Officer. —  He  is  the  chief  executive  officer  of 
the  State  system  of  education  and  is  required  to  enforce  all  the 
general  and  special  laws  relating  to  the  educational  system  of  the 
State  and  to  execute  all-  educational  policies  determined  upon  by 
the  Board  of  Regents. 

General  Supervision. —  He  has  general  supervision  over  all  the 
public  schools,  normal  schools,  industrial  schools,  training  schools^ 
teachers'  training  classes,  and  libraries  in  the  State. 

Indian  Education. —  He  is  charged  with  the  duty  of  providing  for 
the  education  of  the  Indian  children  in  the  State,  and  is  directed  to 
apportion  an  equitable  amount  of  public  money  to  Indian  schools. 

Deaf  and  Dumb  and  Blind  Institutions. —  He  also  has  supervision 
over  all  institutions  in  the  State  for  the  instruction  of  the  deaf  and 
dumb  and  blind,  and  is  required  to  report  annually  to  the  .State 
Legislature  in  relation  thereto.  He  also  appoints  State  pupils  qual- 
ified under  the  law  to  all  these  institutions  excepting  the  Institution 
for  the  Blind  in  Batavia. 

Trustee,  etc. —  He  is  cx-officio  a  trustee  of  Cornell  University, 
and  upon  the  results  of  competitive  examinations  appoints  annually 
150  State  scholars  to  that  institution,  who  are  entitled  to  free 
tuition.  He  also  annually  appoints  750  State  scholars  in  the  several 
colleges  and  universities  in  the  State,  and  awards  the  scholarships 
recently  provided  for  soldiers,  sailors  and  marines.  (See  L.  19 19, 
ch.  606.) 

Visual  Instruction. —  He  is  authorized  to  collect  material  and 
make  all  necessary  arrangements  and  contracts  to  provide  instruc- 
tion by  means  of  pictorial  or  graphic  representation  in  geography, 
history,  science  or  kindred  ubjects.  This  instruction  may  be  gi';en 
in  the'  schools,  institutions  and  organizations  under  the  supervision 
of  the  Regents.  This  material  may  also  be  loaned  to  artisans, 
mechanics  and  other  citizens  of  the  several  comnumities  of  the 
State. 

Inspection  of  Schools. —  He  shall  cause  all  schools  and  institu- 


2.2  XEW   \ORK   SCHOOL  LAW 

tions  under  the  statutes  relating  to  education  to  be  examined  and 
inspected  and  to  advise  and  guide  all  school  officers  in  relation  to 
their  duties  and  the  inanagement  of  such  institutions.  A  staff  of 
inspectors  is  employed  for  this  purpose. 

Annual  Reports. —  He  is  to  prepare  an  annual  report  which  must 
be  submitted  over  the  signatures  of  the  chancellor  of  the  University 
and  the  Commissioner  of  Education  to  the  State  Legislature  show- 
ing the  condition  of  the  common  schools  in  the  State  and  of  all 
other  schools  and  institutions  under  their  supervision  and  subject  to 
their  visitation,  and  to  include  in  such  report  those  recommenda- 
tions upon  school  work,  which  in  their  opinion,  will  promote  the 
advancement  of  public  education. 

Supervision  of  Exaiuiucifio)t  and  Certification  of  Teachers. —  He 
is  to  prescribe  the  regulations  under  which  district  superintendents 
may  issue  teachers'  certificates;  to  issue  life  State  certificates  to 
those  who  have  passed  the  examination  required  by  law ;  to  issue 
college  graduates'  certificates  to  those  who  meet  the  requirements 
for  such  certificates ;  to  issue  such  other  certificates  as  the  rules 
require ;  to  endorse  under  such  regulations  as  he  may  adopt  State 
certificates  and  normal-school  diplomas  issued  in  other  States ;  and 
to  issue  temporary  licenses  for  a  period  not  to  exceed  one  year  for 
any  supervisory  district  or  city  or  any  school  district  in  the  State. 

Revocation  of  Certificates. —  For  sufficient  cause,  he  may  revoke 
any  State  normal-school  diploma,  State  certificate,  college-graduates' 
certificate,  school  commissioners'  certificate  or  other  certificate 
issued  in  this  State.  He  may  also  revoke  his  indorsement  of  any 
normal-school  diploma  or  State  certificate  issued  in  another  State. 

Prepare  List  of  Normal  Graduates. —  He  is  required  under  law 
to  keep  in  his  office  an  alphabetical  list  of  all  persons  who  receive 
normal-school  diplomas  from  the  normal  schools  of  the  State. 

Remove  School  Officers. —  He  may,  for  valid  reasons,  remove 
from  office  any  district  superintendent,  member  of  a  board  of  edu- 
cation, or  other  school  officer.  He  may  also  withhold  the  salary  of 
a  district  superintendent  and  may  remit  it  at  his  pleasure. 

Administer  Affidavits. —  He  may  take  affidavits  and  administer 
oaths  in  any  matter  relative  to  school  afifairs. 

Prepare  Registers,  Blanks,  etc. —  He  is  charged  with  the  duty  of 
preparing  such  registers,  blanks,  forms,  regulations,  etc.,  as  may  be 
needed  in  transacting  all  business  relating  to  the  public-school 
sy.stem. 


PRES.  OF  UNIVERSITY  AND   COM.  OF  EDUCATION'  23 

Enforcement  of  Compulsory  Education  Laiv. —  He  is  also  charged  with  the 
duty  of  enforcing  the  provisions  of  the  Compulsory  Education  Law. 

Physical  Education. —  He  is  charged  with  the  duty  of  supervising  the 
enforcement  of   the   Physical  Education   Law. 

Arbor  Day. — ^He  has  authority  to  provide  for  the  proper  observance  of 
Arbor  Day  and  Flag  Day  by  the  public  schools  of  the  State  and  is  required 
to  designate  Arbor  Day  by  proclamation. 

Apportionment  of  School  Moneys. —  He  must  apportion  as  directed  by  law 
the  State  school  moneys,  and  may  withhold  for  just  cause  part  or  all  of 
the  money  due  any  school  district,  town,  or  city  in  the  State. 

Decide  Appeals. —  He  must  hear  and  decide  all  cases  of  appeal,  when  prop- 
erly brought  before  him  by  aggrieved  parties,  from  the  action  of  school 
officers  or  school  meetings. 

Issue  Stays,  Orders,  etc. —  He  may,  upon  application  in  due  form,  issue  an 
order  restraining  school  officers  from  performing  any  of  the  duties  con- 
ferred upon  them.  He  m.ay  also  issue  orders  directing  school  officers  to 
perform  any  of  their  duties  which  they  may  have  refused  to  perform. 

School  Libraries. —  He  has  general  supervision  of  all  the  school  district 
libraries  in  the  State,  and  approves  the  books  W'hich  are  purchased  with' 
public  money  to  be  placed  in  such  libraries.  He  also  apportions  library 
money  to  school  districts  as  directed  by  law  and  prescribes  regulations  undei 
which  the  books  of  school  libraries  may  be  loaned. 

Hold  Property  in  Trust. —  He  may  hold  in  trust  for  the  benefit  of  the 
common  schools  of  the  State,  or  for  the  schools  of  any  portion  of  the  State, 
real  or  personal  estate  which  may  be  granted  in  any  manner  for  such  pur- 
pose. He  also  has  supervision  of  any  trust  fund  held  by  trustees  for  school 
purposes,  and  must  require  them  to  report  regarding  its  condition  and 
income  at  such  times  and  in  such  form  as  he  deems  advisable.     (Article  19.) 

Normal  Schools. —  He  appoints  members  of  local  boards  of  normal  schools, 
appoints  pupils  to  such  schools  and  determines  the  requirements  for  admis- 
sion. He  determines  the  number  of  teachers  to  be  employed  in  such  schools, 
and  approves  their  appointment  and  the  amount  of  their  salary.  He  is  also 
authorized  to  establish  courses  of  instruction  for  the  preparation  of  teachers 
to  instruct  illiterate  minors.     (See  L.  1918,  ch.  4I2.) 

May  Appoint  Teachers  and  Open  Schools  in  a  City  or  School  District. — 
When  the  local  authorities  of  any  city  or  school  district  neglect  or  refuse  to 
appoint  teachers,  janitors,  etc.,  and  also  neglect  or  refuse  to  open  the  schools 
of  a  city  or  school  district  the  State  Commissioner  of  Education  may  appoint 
such  teachers,  janitors,  etc.,  and  open  and  manage  such  schools.  October  4, 
1897,  State  Superintendent  Skinner  exercised  this  power  in  the  city  of  Water- 
vlict  and  his  action  was  sustained  by  the  Supreme  Court.  (For  a  full  dis- 
cussion of  this  power  see  pages  118-125,  vol.  1,  Annual  Report  of  State 
Superintendent  of  Public  Instruction  for  1897.) 

Instruction  of  Adult  Illiterates. —  Under  the  provisions  of  Laws  of  1919, 
chapter  617,  city  authorities,  boards  of  supervisors,  and  village  and  town 
boards  are  authorized  to  make  appropriations  to  aid  and  promote  the  exten- 
sion of  education  among  such  illiterates  and  non-English  speaking  persons 
within  their  jurisdiction.    Under  Laws  of  1920,  chapter  851,  the  Commissioner 


24  NEW    YORK    SCHOOL    LAW 

of  Education  is  autliorizcd  and  directed  to  establish  and  provide  for  the 
maintenance  and  conduct  of  courses  of  study  or  training  in  State  normal 
institutions  and  in  colleges  and  universities  and  other  educational  institutions, 
and  in  connection  with  other  educational  agencies  for  the  purpose  of  training 
teachers  in  principles  and  methods  of  instruction,  and  to  give  them  knowledge 
to  fit  them  to  instruct  foreign-born  and  native  adults  and  minors  over  sixteen 
years  of  age  in  evening,  extension,  factory,  home  and  community  classes. 
Such  courses  must  continue  for  a  period  of  not  less  than  one  year. 

Under  Laws  of  1921,  chapter  ZTJ,  the  Commissioner  of  Education  or  the 
board  of  education  or  trustees  of  any  city  or  school  district  may  provide 
for  the  establishment  of  courses  of  study  and  schools  in  connection  with 
factories,  places  of  employment,  etc.,  for  the  benefit  of  foreign-born  and 
native  adults  and  minors  over  sixteen  years  of  age,  which  courses  sh"Jl 
include  instructions  in  English,  history,  civics,  and  other  subjects  tending 
to  promote  good  citizenship  and  to  increase  vocational  efficiency. 

If  the  board  of  education  or  trustees  of  a  city  or  school  district  shall 
employ  teachers  properly  qualified  as  provided  by  law  to  give  such  instruc- 
tion, the  Commissioner  of  Education  shall  apportion  to  such  city  or  school 
district  an  amount  equal  to  one-half  the  salary  paid  to  each  of  such  teachers, 
but  not  to  exceed  one  thousand  dollars  for  each  teacher  so  employed. 

Regulations. —  The  Commissioner  of  Education  may  prescribe  any  reason- 
able regulations  for  the  government  of  the  common  schools  which  do  not 
conflict  with  the  laws  and  policy  of  the  State.     (184  N.  Y.  421.) 

REVIEW  QUESTIONS 

What  was  the  title  of  the  office  of  the  first  State  supervisory  school  officer? 
When  was  the  office  created?  How  was  such  officer  chosen?  When  was  the 
office  abolished?  To  whom  were  the  duties  of  the  office  then  transferred? 
Why?  For  what  period  did  such  officer  act  in  this  capacity?  When  did  the 
first  State  Superintendent  of  Public  Instruction  assume  the  duties  of  his 
office?  When  was  the  office  of  Commissioner  of  Education  created?  How 
was  the  first  Commissioner  chosen?  How  are  vacancies  to  be  filled?  What 
is  the  term  of  office?  Who  are  eligible  to  the  office?  How  rnay  he  he 
removed?  What  is  the  salary?  What  is  the  two-fold  character  of  the  duties 
of  the  State  Commissioner?  What  are  his  general  duties?  A\'hat  is  his  duty 
in  relation  to  Indian  schools?  Deaf  and  dumb  and  blind  institutions? 
Cornell  University?  Visual  instruction?  Inspection  of  schools,  etc. ?  Annua] 
reports?  Examination  and  licensing  of  teachers?  Revoking  certificates? 
Lists  of  normal  school  graduates?  Removing  school  officers?  Administering 
affidavits?  Preparing  registers,  blanks,  etc.?  Enforcing  the  compulsory 
education  law?  Arbor  day?  Apportionment  of  school  moneys?  Appeals, 
stays,  orders,  etc.?  School  libraries?  Holding  property  in  trust?  Normal 
school  boards?  Under  what  conditions  may  the  State  Commissioner  appoint 
teachers,  etc.?  State  fully  the  powers  of  the  Commissioner  respecting  the 
instruction   of  adult   illiterates   and   minors  of   sixteen   years   of   age. 


CHAPTER  IV 

RURAL  SCHOOL  SUPERVISION 
[Article    14] 

Historical  Development. —  The  act  of  1795  creating  the  school 
system  of  the  State  provided  that  the  electors  of  each  town  should 
elect  at  their  annual  town  meetings,  from  three  to  seven  commis- 
sioners of  schools.  These  officers  had  stipervision  of  tlie  schools 
under  their  jurisdiction,  and  the  distrihution  of  State  money  appro- 
priated for  the  support  of  schools.  During  the  tirst  year  after  the 
passage  of  this  act,  the  supervisor,  the  town  clerk,  and  the  assessors 
of  each  town  performed  the  duties  of  commissioners  of  schools. 
These  commissioners  received  no  compensation  for  their  services. 

In  1812  the  number  of  town  commissioners  was  fixed  at  three 
for  each  town  by  the  State  Legislature.  These  of^cers  were  to  be 
chosen  as  before  by  the  people  at  annual  town  meetings,  and  were 
to  receive  a  salary  fixed  by  the  people  at  the  annual  town  meetings. 
To  them  were  given  the  superintendence  and  management  of 
schools,  and  they  were  authorized  to  divide  the  towns  into  school 
districts.  The  same  act  provided  that  the  people  should  select  at 
the  annual  town  meeting,  a  number  of  persons,  not  to  exceed  six, 
who,  with  the  commissioners,  should  be  inspectors,  and  these  inspec- 
tors were  required  to  inspect  schools  and  to  examine  and  license 
teachers.  This  plan  continued  until  1841,  when  the  number  of  town 
inspectors  was  fixed  at  tv/o. 

In  1841  the  oiBce  of  Deputy  Superintendent  of  Common  Schools 
was  created  by  the  State  Legislature.  Each  county  was  entitled  to 
one  deputy,  and  counties  having  more  than  200  schools  were  entitled 
to  two  deputies.  These  ofificers  were  appointed  by  boards  of  super- 
visors for  their  respective  counties,  and  the  term  of  office  was  two 
years.  Their  duties  were  to  visit  and  inspect  the  schools  under 
their  jurisdiction,  and  to  examine  and  license  the  teachers  employed 
therein. 

In  1843  the  title  of  these  officers  was  changed  to  County  Superin- 
tendent of  Common  Schools,  and  increased  powers  were  given  them. 
The  right  to  hear  appeals  was  given  to  county  superintendents  in 
that  year,  and  all  appeals  were  brought  before  these  officers  for 
determination  before  they  could  be  taken  to  the  State  Superintend- 
ent of  Common  Schools.  These  officials  were  entitled  to  two  dollars 
per  day  for  each  day  necessarily  devoted  to  their  work,  but  they 
could  not  receive  an  amount  to  exceed  five  hundred  dollars  per 
year.    In  1847  the  State  Legislature  abolished  this  office. 

In  1843  the  offices  of  town  commissioners  and  town  inspectors 
were  abolished  by  the  State  Legislature,  and  a  new  officer  known 
as  the  Town  Superintendent  of  Common  Schools  was  created. 
These   superintendents   were   elected   by   the  people   at  the   annual 

25 


26  NEW  YORK   SCHOOL  LAW 

town  meetings.  Their  term  of  office  was  one  year,  and  they 
received  a  salary  of  one  dollar  and  twenty-five  cents  per  day  for 
actual  time  necessarily  devoted  to  their  work.  To  these  officers 
were  given  the  general  supervision  of  schools,  and  the  other  duties 
which  had  been  exercised  by  town  commissioners  and  inspectors. 
Upon  the  abolishment  of  county  superintendents  in  1847,  the  duties 
of  town  superintendents  were  largely  increased,  and  the  duties  of 
these  officers  from  that  year  until  1856  were  quite  similar  to  the 
duties  conferred  upon  school  commissioners.  Upon  the  creation  of 
the  office  of  school  commissioner  in  1856,  by  chapter  179  of  the 
laws  of  that  year,  the  office  of  town  superintendent  was  abolished. 
The  office  of  school  commissioner  was  abolished  by  chapter  607 
of  the  Laws  of  1910  and  the  office  of  district  superintendent  of 
schools  created.  These  officers  entered  upon  the  discharge  of  their 
duties  January  i,  1912. 

SUPERVISORY   DISTRICTS 

Territory  Embraced  —  Number  of. —  All  territory  of  the  State 
outside  of  cities  and  school  districts  of  five  thousand  population  or 
more  which  employ  a  superintendent  of  schools  must  be  divided 
into  supervisory  districts.  The  law  establishes  208  of  these  dis- 
tricts and  apportions  them  among  the  counties  of  the  State  as 
follows : 

a.  Hamilton,  Putnam,  Rockland,  Schenectady,  each  one ; 

b.  Chemung,  Fulton,  Genesee,  Alontgomery,  Nassau,  Schuyler, 
Seneca,  Yates,  each  two; 

c.  Albany,  Columbia,  Cortland,  Essex,  Greene,  Livingston, 
Niagara,  Orange,  Orleans,  Rensselaer,  Schoharie,  Suft'olk,  Sullivan, 
Tioga,  Tompkins,  Warren,  Wyoming,  each  three ; 

d.  Broome,  Clinton,  Dutchess,  Franklin,  Herkimer,  Lewis, 
Madison,  Monroe,  Ontario,  Saratoga,  Ulster,  Washington,  Wayne, 
Westchester,  each  four ; 

e.  Allegany,  Cattaraugus,  Cayuga,  Chenango,  Erie,  Onondaga, 
Oswego,  each  five ; 

f .  Chautauqua,  Dealware,  Jefi^erson,  Otsego,  each  six ; 

g.  Oneida,  Steuben,  each  seven; 
h.  Saint  Lawrence,  eight  districts. 

How  Organized. —  In  a  county  entitled  to  two  or  more  super- 
visory districts  the  school  commissioner  of  each  school  commis- 
sioner district  and  the  supervisor  of  each  town  in  such  county  were 
required  to  meet  at  the  county  seat  on  the  third  Tuesday  in  April, 
1911,  at  10  o'clock  in  the  forenoon  and  divide  such  county  into  the 
number  of  supervisory  districts  to  which  it  was  entitled  imder  the 
law.  In  the  formation  of  such  districts  no  town  could  be  divided. 
The  law  directs  that  the  territory  of  such  districts  shall  be  compact 
and  contiguous  and  formed  as  nearly  as  possible  on  the  basis  of 
an  e(|ua]  division  of  the  territorv  and  the  nmnber  of  school  districts. 

Call  and  Organization  of  Meeting. —  The  county  clerk  of  each 


RURAL  SCHOOL  SUPERVISOR  2/ 

county  entitled  to  two  or  more  supervisory  districts  was  required  to 
give  ten  days'  notice  in  writing  to  each  supervisor  and  school  com- 
missioner of  such  meeting.  The  county  clerk  was  also  required  to 
call  the  meeting  to  order  at  the  proper  hour.  The  school  commis- 
sioners and  supervisors  present  were  required  to  elect  from  their 
number  a  chairman  and  a  clerk. 

Record  of  Proceedings. —  The  clerk  of  such  meeting  was 
required  to  deposit  with  the  county  clerk  a  copy  of  the  proceedings 
of  such  meeting.  Such  copy  must  have  been  certified  by  the  chair- 
man and  the  clerk.  The  county  clerk  should  immediately  upon 
receipt  of  such  proceedings  have  filed  a  certified  copy  thereof  with 
the  Commissioner  of  Education. 

SCHOOL   DIRECTORS 

Number  of. —  There  shall  be  two  school  directors  for  each  town. 

When  and  How  Chosen. —  Each  town  included  within  a  super- 
visory district  shall  have  two  school  directors  who  shall  serve 
for  terms  of  four  years  each.  The  school  directors  who  are  in 
office  when  this  act  takes  eft'ect  shall  continue  in  office  until  their 
successors  are  chosen  as  provided  by  law.  School  directors  shall 
be  elected  at  the  town  meetings  held  in  the  years  next  succeeding 
the  expiration  of  the  terms  of  the  school  directors  in  office  when 
this  act  takes  effect,  and  one  director  shall  be  elected  at  the  town 
meeting  held  in  every,  fourth  year  thereafter.  Such  directors  and 
their  successors  in  office  shall  serve  for  terms  of  four  years  each 
to  commence  on  the  first  day  of  January  following  their  election. 
Such  directors  shall  be  elected  in  the  same  manner  that  town 
officers  are  elected  at  town  meetings  held  under  the  provisions  of 
the  town  law%  and  the  provisions  of  the  election  law^  relating 
to  the  nomination  and  election  of  such  town  officers  shall  apply 
to  the  nomination  and  election  of  such  directors.  (L.  1920,  chap. 
285,  in  effect  April  21,  1920.) 

Filing  Certificates  of  Nomination. —  Under  the  election  law  the 
certificates  of  nomination  of  school  directors  must  be  filed  in 
duplicate.  One  certificate  should  be  filed  with  the  town  clerk  and 
one  with  the  county  clerk  in  all  counties  except  Erie  and  in  that 
county  with  the  commissioner  of  election. 

Notice  of  Election. —  The  notice  of  the  election  of  school  di- 
rectors must  be  given  by  the  comity  clerk  and  not  by  the  Secre- 
tary of  State.  The  Attorney-General  has  held  that  school 
directors  ar.e  to  be  voted  for  at  a  general  election,  and  that  the 
county  clerk  must  give  the  notice  of  election  vmder  authority  of 
section  293  of  the  election  law. 

Ballots. —  The  election  law  makes  different  provisions  for  the 
printing  of  ballots  for  town  officers  elected  at  a  general  election 
in  even  numbered  years  and  in  odd  numbered  years.  The  names 
of  school  directors  must  therefore  be  printed  as  follows: 

I.  The  names  of  candidates  for  school  directors  who  are  to  be 
elected  in  an  even  numbered  year  in  towms  holding  their  town 
meetings  at  the  time  of  the  general  election  should  be  printed  with 


28  NEW    VUKK   SCHOOL  LAW 

other  town  officers  to  be  voted  for  and  upon  a  separate  ballot.  In 
such  towns  the  ballot  containing  the  names  of  candidates  for  town 
officers,  including  school  directors,  should  be  separate  from  the 
ballot  containing  the  names  of  candidates  for  county  and  State 
officers. 

2.  In  towns  which  hold  their  town  meetings  at  a  time  other  than 
the  time  of  the  general  election,  the  names  of  school  directors  must 
also  be  printed  upon  a  separate  ballot. 

3.  \\'hen  school  directors  are  to  be  elected  in  an  odd  numbered 
year,  there  should  be  but  one  ballot  and  the  names  of  such  directors 
should  be  printed  on  the  same  ballot  as  the  names  of  candidates  for 
other  officers  voted  for  in  such  town  at  the  general  election  of  that 
year.  This  rule  applies  to  the  election  of  school  directors  in  191 5 
and  1917. 

When  separate  ballots  are  required,  the  town  clerk  must  provide 
them. 

Term  of  Office. —  All  directors  shall  serve  for  a  period  of  four 
years  from  January  i  following  their  election. 

Oath  of  Office. —  All  persons  elected  or  appointed  to  this  office 
are  required  to  take  the  oath  of  office  prescribed  by  the  State  Con- 
stitution before  entering  upon  the  discharge  of  the  duties  of  the 
office  and  not  later  than  thirty  days  after  their  election.  This  oath 
may  be  taken  before  a  justice  of  the  peace  or  a  notary  public,  and 
it  must  be  filed  in  the  office  of  the  town  clerk  of  the  town. 

Vacancies. —  This  office  may  be  vacated  (i)  by  filing  a  written 
resignation  with  the  town  clerk:  (2)  by  removing  from  the  town; 
(3)  by  death.  If  a  town  fails  to  elect  a  director  a  vacancy  shall  be 
deemed  to  exist. 

Filling  Vacancy. —  A  vacancy  in  the  office  of  school  director 
shall  be  filled  by  the  town  board  of  the  town  in  which  such  vacancy 
exists. 

Salary. —  Each  director  shall  receive  two  dollars  per  day  and 
his  necessary  traveling  expenses.  The  town  board  is  required  to 
audit  the  same. 

DISTRICT    SUPERIXTENDEXT 

How  Chosen. —  A  district  superintendent  is  chosen  by  the 
school  directors  of  the  towns  comprising  a  supervisory  district. 
These, directors  meet  as  a  board  and  each  director  is  entitled  to  one 
vote.  The  election  shall  be  by  ballot  and  the  person  receiving  a 
majority  of  all  votes  cast  shall  be  elected. 

Meeting  of  Directors. —  The  board  of  school  directors  shall 
meet  at  11  o'clock  in  the  forenoon  on  the  third  Tuesday  in  June, 
1916,  and  every  fifth  year  thereafter  to  elect  a  district  superintend- 
ent of  schools.  The  clerk  of  the  board  should  give  each  director 
ten  days'  notice  in  writing  of  the  hour,  date  and  place  of  meeting. 

Proceedings  of  Meeting. —  Within  three  days  after  the  close 
of  a  meeting  of  a  board  of  directors  the  clerk  of  such  board  shall 


RURAL    SCHOOL    SL'P1:R\IS0K  2<^ 

file  with  the  county  clerk  a  copy  of  the  proceedings  of  such  meeting 
certified  by  himself  and  the  chairman. 

Certificate  of  Election. —  The  county  clerk  on  receiving  official 
notice  of  the  election  of  a  district  superintendent  of  schools  should 
deliver  to  the  person  elected  a  certificate  of  election  attested  by  his 
signature  with  the  seal  of  the  county.  The  county  clerk  should  also 
transmit  to  the  Commissioner  of  Education  a  duplicate  of  such 
certificate. 

Failure  to  Elect  a  District  Superintendent. —  The  law  govern- 
ing the  election  of  district  superintendents  prc'-ides  that  if  the 
directors  fail  to  elect  a  district  superintendent  of  schools  before  the 
first  day  of  January  following  the  date  on  which  the  meeting  to 
elect  the  superintendent  is  held,  and  a  zvcaiicy  exists  in  such  office, 
the  county  judge  shall  appoint  such  superintendent,  who  shall  serve 
until  the  board  of  directors  shall  fill  such  vacancy.  The  question 
has  been  raised  in  some  districts  where  the  board  failed  to  elect  a 
superintendent  as  to  whether  or  not  the  superintendent  in  office 
should  hold  over  or  a  vacancy  existed  which  the  county  judge 
should  fill  by  appointment.  The  law  specifically  provides  that  a  dis- 
trict superintendent  of  schools,  unless  removed,  shall  hold  office 
until  his  successor  is  chosen  and  qualified.  If  a  board  of  directors 
fail  to  elect  a  district  superintendent  the  superintendent  then  in 
ofiice  under  this  provision  of  law  is  what  is  known  as  a  hold-over 
oflficer.  This  contention  is  also  sustained  by  the  i)rovision  which 
confers  upon  the  county  judge  the  power  to  appoint  a  superintendent 
in  case  no  election  is  reached,  as  this  particular  subdivision  of  the 
law  contains  the  expression  "  and  a  vacancy  exists  in  such  office." 
Since  the  law  provides  that  a  district  superintendent  shall  hold  office 
until  his  successor  is  chosen  and  ([ualified,  it  must  be  held  that  no 
vacancy  exists  which  the  counl\-  judge  may  fill  by  appointment. 
The  provision  of  law  conferring  upon  a  county  judge  the  power  to 
appoint  a  district  superintendent  if  a  board"  of  directors  failed  to 
elect  and  a  vacancy  existed  in  that  office  was  intended  to  meet  a 
situation  which  might  have  occurred  at  the  first  election  of  district 
superintendents.  There  were  at  that  time  no  district  superintend- 
ents in  office.  The  office  of  their  predecessors  —  that  of  school 
commissioner  —  was  abolished  under  the  terms  of  the  law  creating 
district  superintendents.  If  a  board  of  directors  failed  to  elect  by 
January  Tst  following  the  date  set  for  a  meeting  for  that  purpose 
it  would  occur  tliat  there  was  no  supervising  school  officer  in  such 


30  NEW    YORK    SCHOOL   LAW 

district.  To  meet  this  situation  it  was  provided  that  in  such  case 
the  county  judge  might  appoint.  It  has  been  held,  therefore,  that 
the  power  conferred  upon  a  county  judge  to  appoint  was  hmited  to 
the  first  election. 

Vacancies. —  The  office  of  district  superintendent  of  schools 
shall  be  vacant  upon : 

1.  The  death  of  an  incumbent. 

2.  His  removal  from  office  by  the  Commissioner  of  Education. 

3.  His  removal  from  the  county. 

4.  His  filing  in  the  office  of  the  clerk  of  the  county  his  written 
resignation. 

5.  His  acceptance  of  the  office  of  supervisor,  town  clerk,  or  trus- 
tee of  a  school  district. 

6.  His  failure  to  take  and  file  the  oath  of  office  as  provided  in 
this  article. 

Filling  Vacancy. —  A  vacancy  in  the  office  of  district  super- 
intendent shall  be  filled  for  the  remainder  of  the  unexpired  term 
by  the  board  of  school  directors.  Upon  direction  of  the  Commis- 
sioner of  Education  the  clerk  of  the  board  of  school  directors  must 
call  a  meeting  of  such  board  to  fill  such  vacancy.  All  provisions  of 
law  in  relation  to  the  election  of  a  district  superintendent  for  a  full 
term  including  notices,  filing  proceedings,  etc.,  apply  to  the  election 
of  a  superintendent  to  fill  a  vacancy. 

Deputy  Superintendent. —  When  a  district  superintendent 
enters  military  service  the  school  directors  are  required  to 
appoint  a  deputy  who  shall  possess  all  of  the  poAvers  of  the 
superintendent.      (See  L.  1918,  ch.  107.) 

Term  of  Office. —  The  term  of  office  of  district  superintendents 
elected  in  1916  and  every  five  years  thereafter  shall  be  for  five 
years  and  their  terms  of  office  shall  begin  on  the  first  day  of 
August  follow^ing  their  election.  The  object  of  this  arrangement 
is  to  have  the  term  of  a  district  superintendent  begin  at  the 
beginning  of  a  school,  year  and  terminate  at  the  close  of  a  school 
year. 

A  district  superintendent  unless  removed  holds  office  until  his 
successor  is  elected  and  f[ualifies. 

Qualifications  of  District  Superintendents. — i.  To  be  eligible  to 
election  to  the  office  of  district  superintendent  of  schools  a  person 
must  be  at  least  twenty-one  years  of  age,  a  citizen  of  the  United 
States  and  a  resident  of  the  State,  but  he  need  not  be  a  resident  of 
the  supervisory  district  for  which  he  is  elected  at  the  time  of  his 
election.  Such  superintendent  must,  however,  become  a  resident 
of  the  countv  containinsf  the  district  for  which  he  has  been  elected 


RURAL    SCIIUUL    SUPERVISOR  3 1 

on  or  before  the  date  on  which  his  term  of  office  begins.  Failure 
to  acquire  such  residence  will  be  deemed  a  removal  from  the  county. 
No  person  shall  be  ineligible  on  account  of  sex. 

2.  In  addition  thereto  he  must  possess  or  be  entitled  to  receive 
a  certificate  authorizing  him  to  teach  in  any  of  the  public  schools 
of  the  State  without  further  examination  and  he  shall  also  pass  an 
examination  prescribed  by  the  Commissioner  of  Education  on  the 
supervision  of  courses  of  study  in  agriculture  and  teaching  the  same. 
The  holder  of  a  normal  school  diploma  issued  by  one  of  the  State 
normal  schools  of  this  State,  a  diploma  issued  by  the  New  York 
State  College  for  Teachers,  a  college  graduate  certificate,  or  a  life 
State  certificate  satisfies  the  requirement  of  the  law  in  relation  to 
a  teachers'  certificate. 

3.  A  district  superintendent  who  is  removed  from  office  shall  not 
be  eligible  to  election  to  such  office  in  any  supervisory  district  for  a 
period  of  five  years. 

Not  to  be  Interested  in  Certain  Business  or  to  Accept  Rewards, 
et  cetera. —  A  district  superintendent  of  schools  shall  not : 

1.  Be  directly  or  indirectly  interested  otherwise  than  as  author 
in  the  sale,  publication,  or  manufacture  of  school  books,  maps, 
charts,  or  school  apparatus  or  in  the  sale  or  manufacture  of  school 
furniture  or  any  other  school  or  library  supplies. 

2.  Be  directly  or  indirectly  interested  in  any  contract  made  by  the 
trustees  of  a  school  district. 

3.  Be  directly  or  indirectly  interested  in  any  agency  or  bureau 
maintained  to  obtain  or  aid  in  obtaining  positions  for  teachers  or 
superintendents. 

4.  Directly  or  indirectly  receive  any  emolument,  gift,  pay.  reward 
or  promise  of  pay  or  reward  for  recommending  or  procuring  the 
sale,  use  or  adoption  or  aiding  in  procuring  the  sale,  use  or  adoption 
of  any  book,  map,  chart,  school  apparatus  or  furniture  or  other 
supplies  for  any  school  or  library  or  for  recommending  a  teacher  or 
aiding  a  teacher  in  obtaining  an  appointment  to  teach. 

Not  to  Engage  in  Other  Business. —  A  district  superintendent 
of  schools  shall  devote  his  whole  time  to  the  performance  of 
the  duties  of  his  office  and  shall  not  engage  in  any  other  occupation 
or  profession.  Such  time  as  shall  not  necessarily  be  devoted  by  a 
district  superintendent  of  schools  to  the  performance  of  the  clerical 
and  administrative  work  of  his  office  shall  be  devoted  to  the  visita- 
tion and   insjiection   of   the   schools  maintained  in  his   supervisory 


32  NEW    YORK    SCHOOL    LAW 

district.  A  district  superintendent  must  under  this  requirement  of 
the  law  devote  his  time  to  the  supervision  of  his  schools  as  exclu- 
sively as  a  superintendent  of  a  city  or  to  the  same  extent  that  a 
teacher  devotes  her  time  to  her  school. 

Removal  of  District  Superintendent  From  Office. —  The  Com- 
missioner of  Education  may,  by  an  order  under  the  seal  of  the 
Education  Department,  remove  a  district  superintendent  of  schools 
from  office  whenever  he  is  satisfied  that  such  superintendent: 

1.  Has  been  guilt}-  of  immoral  conduct; 

2.  Is  incompetent  to  perform  any  official  duty ;  or 

3.  Has  persistently  neglected  or  wilfully  refused  to  perform 
any  lawful  duty  imposed  upon  him. 

Must  Take  Oath  of  Office. —  A  district  superintendent  of 
schools  before  entering  upon  the  discharge  of  the  duties  of  his 
office,  and  not  later  than  five  days  after  the  date  on  which  his  term 
of  office  is  to  commence,  shall  take  the  oath  of  office  prescribed  by 
the  constitution.  Such  oath  may  be  taken  before  a  county  clerk, 
a  justice  of  the  peace,  or  a  notary  public  and  must  be  filed  in  the 
office  of  the  clerk  of  the  county. 

Salary. —  i.  Each  district  superintendent  shall  receive  an 
annual  salary  from  the  State  of  eighteen  hundred  dollars,  payable 
monthly  by  the  Commissioner  of  Education  from  moneys  appro- 
priated therefor. 

Increase  in  Superintendent's  Salary. —  The  law  authorizes  the 
supervisors  of  the  towns  comprising  a  supervisory  district  to  increase 
the  salarv  of  a  district  superintendent  by  the  adoption  of  a  resolu- 
tion to  that  effect.  When  such  action  is  taken  by  the  supervisors 
of  the  several  towns  of  the  supervisory  district,  the  resolution 
should  be  filed  with  the  clerk  of  the  board  of  supervisors  and  a 
duplicate  thereof  filed  with  the  county  treasurer.  It  then  becomes 
the  duty  of  the  l)oard  of  supervisors  to  levy  against  the  taxable 
property  of  the  towns  comprising  the  supervisory  district  an  amount 
to  pay  the  increase  authorized  in  the  salary  of  such  superintendent. 
The  failure  of  the  board  of  supervisors  to  take  such  action  is 
proper  ground  for  instituting  a  writ  of  mandamus.  The  courts 
have  held  that  in  such  cases  the  board  of  supervisors  must,  within 
a  reasonable  time,  convene  and  levy  a  tax  against  the  towns  com- 
prising the  supervisory  district,  for  the  purpose  of  paying  such 
salary.  (See  People  .\r  rcl.  Wingate  v.  Board  of  Supervisors, 
Schenectady  County,  79  Misc.  641.) 


RURAL    SCHOOL    SUPERVISOR  33 

Expenses. —  The  Commissioner  of  Education  shall  quarterly 
audit  and  allow  the  actual  sworn  expense  incurred  by  each  district 
superintendent  of  schools  in  the  performance  of  his  official  duties. 
1jut  the  amount  of  such  expense  allowed  shall  not  exceed  in  anv 
year  six  hundred  dollars.  Such  expenses  shall  be  paid  by  the 
Commissioner  of  Education  from  moneys  appropriated  therefor. 

Printing  and  Office  Supplies. —  A  board  of  supervisors  may 
authorize  by  resolution  an  expenditure  to  meet  expenses  of  printing- 
incurred  by  a  district  superintendent  for  official  matters,  or  of  the 
purchase  of  necessary  office  supplies.  The  county  is  not  lial^le  for 
expenses  for  either  of  these  purposes  unless  the  board  of  super- 
visors first  passes  a  resolution  authorizing-  expenditures  for  such 
purposes. 

Salary  May  be  Withheld. —  The  Commissioner  of  Education 
may,  whenever  he  is  satisfied  that  a  district  superintendent  of 
schools  has  persistentl}-  neglected  to  perform  an  official  duty,  with- 
hold payment  of  the  whole  or  any  part  of  such  superintendent's 
salary  as  it  shall  become  due  and  he  may  also  withhold  any  sum  to 
which  such  superintendent  shall  be  entitled  for  exi)enses  and  the 
amount  thus  withheld  shall  be  forfeited ;  but  said  commissioner  may 
in  his  discretion  remit  such  forfeiture  in  whole  or  in  part. 

Performing  Duties  of  Another  District  Superintendent. —  A 
district  superintendent,  when  requested  in  writing  by  a  superintend- 
ent of  an  adjoining  district,  may  perform  any  of  the  official  duties 
of  the  superintendent  of  such  adjoining  district.  Upon  an  order 
from  the  Commissioner  of  Education,  he  must  perforni  such  duties. 

Powers  and  Duties. —  A  district  superintendent  is  tlie  super- 
visor}- school  officer  for  his  district.  (For  the  si)ecific  duties  of  a 
superintendent  in  relation  to  any  branch  of  school  work,  consult  the 
chapter  on  such  suliject. )  The  more  important  powers  and  duties 
of  this  officer  are  as  follows: 

Suprr-risioii. —  One  of  the  most  important  duties  of  a  superin- 
tendent is  that  of  supervisi'^n.  lie  is  required  by  law  to  visit  and 
examine  all  the  schools  and  school  districts  in  his  jurisdiction.  It 
is  his  duty  to  advise  teachers  in'  relation  to  their  methods  of  teach- 
ing and  the  n-ianagenient  and  discipline  of  their  schools.  He  is 
charged  with  recommending  to  teachers  and  boards  of  education 
courses  of  study  and  such  changes  in  the  general  management  of 
schools  as  will  best  promote  educational  interests.     He  should  see 


34  NEW    YORK    SCHOOL   LAW 

that  the  grounds  and  outbuildings  are  in  proper  condition,  and  that 
the  school  is  equipped  as  required  by  law  to  perform  the  best  work 
possible. 

Establish  District  Boundaries. —  When  the  records  of  school  dis- 
tricts are  defective  and  not  properly  filed  in  the  offices  of  town 
clerks,  or  when  the  boundaries  of  school  districts  are  indefinite  or  in 
dispute,  it  is  the  duty  of  the  district  superintendent  having  jurisdic- 
tion, to  establish  such  boundaries  and  to  see  that  proper  records 
thereof  are  filed  in  the  town  clerk's  ofiice.  In  order  to  do  this,  a 
superintendent  may  employ  surveyors  to  establish  lines,  prepare 
maps,  etc.,  and  any  expense  necessary  for  this  purpose  is  a  charge 
upon  the  town  in  which  the  district  or  districts  affected  are  located. 

May  Order  Repairs. —  When,  in  the  opinion  of  a  district  superin- 
tendent, it  is  necessary  for  the  health  or  comfort  of  pupils  to  make 
repairs  or  alterations  to  a  school-house  or  outbuildings,  he  i..  , 
direct  the  board  of  education  of  the  district  or  town  to  make  such 
repairs  or  alterations  at  an  expense  not  to  exceed  $200.  The  board 
of  education,  however,  may  vote  an  additional  amount. 

Alay  Order  Furniture  Supplied. —  When,  in  the  opinion  of  a 
superintendent,  the  furniture  in  a  schoolroom  is  unfit  for  use  and 
not  worth  repairing,  or  when  the  supply  is  insufficient,  he  may 
direct  the  board  of  education  of  the  district  or  town  to  provide  new 
furniture  at  an  expense  not  to  exceed  Si 00. 

Order  Nuisance  Abated. —  A  superintendent  may  also  direct  the 
board  of  education  of  any  school  district  or  town  to  abate  any 
nuisance  in  or  upon  the  premises  under  the  jurisdiction  of  such 
board  in  any  school  district. 

May  Condemn  School  Building. —  A  superintendent  has  the 
authority,  when  in  his  opinion  a  schoolhouse  is  unfit  for  use  and 
not  worth  repairing,  to  issue  an  order  to  the  trustee  or  board  of 
education  having  jurisdiction  condemning  such  school  building,  an  1 
to  direct  in  such  order  the  amount  necessary,  in  his  judgment,  to 
erect  a  building  suitable  for  the  needs  of  the  district.  Previous  to 
1897  a  school  commissioner  could  not  exceed  $800  in  his  estimate 
of  the  amount  necessary  for  the  erection  of  a  building.  The  Legis- 
lature of  that  year  amended  the  law  by  removing  this  limit  and 
leaving  the  amount  to  the  discretion  of  the  commissioner.  A  district 
superintendent  has  the  same  discretion. 

Examine  and  License  Teachers. — -  It  is  the  duty  of  district  super- 
intendents to  conduct  examinations  for  teachers'  certificates,  under 


RURAL    SCHOOL    SUPERVISOR  35 

such  rules  and  regulations  as  shall  be  prescribed  by  the  Commis- 
sioner of  Education,  and  to  license  those  who  are  found  to  be 
qualified  under  such  regulations. 

Revocation  of  Certificates. —  A  district  superintendent  may  annul 
any  teacher's  certificate,  normal  school  diploma,  State  certificate,  or 
college-graduate's  certificate,  for  immoral  conduct  on  the  part  of 
the  holder  of  such  certificate.  Since  the  passage  of  the  Consolidated 
School  Law  of  1894  a  school  commissioner  has  not  had  authority  to 
revoke  a  certificate  upon  any  other  ground  than  that  of  immoral 
conduct  and  this  restriction  applies  to  a  district  superintendent. 

Administer  Oaths,  etc. —  A  district  superintendent  may  administer 
oaths  or  take  affidavits  in  all  matters  relating  to  school  work,  but 
without  charge  or  fee. 

Take  Testimony  in  Appeals. —  When  directed  by  the  Commis- 
sioner of  Education,  a  district  superintendent  must  take  and  report 
to  him  testimony  in  any  appeal  case.  A  superintendent  has  the 
authority  to  issue  subpoenas  and  compel  the  attendance  of  witnesses. 
A  failure  to  obey  such  subpoena  subjects  the  ofifender  to  a  fine 
of  $25. 

Reports. —  A  district  superintendent  is  required  by  law  to  obtain 
reports  from  the  boards  of  education  of  towns  and  of  all  school 
districts  not  under  the  township  law  within  his  jurisdiction  and  to 
file  an  abstract  of  such  reports  annually  with  the  Commissioner  of 
Education.  He  is  also  required  to  submit  reports  from  time  to 
time  to  the  Commissioner  of  Education,  giving  such  information 
relative  to  the  schools  in  his  district  and  such  suggestions  upon  the 
educational  work  of  the  State  as  the  Commissioner  shall  request. 

Subject  to  Regulations  of  Commissioner  of  Education. —  A  dis- 
trict superintendent  is  subject  to  such  rules  and  regulations  as  the 
Commissioner  of  Education  shall  from  time  to  time  adopt.  Appeals 
from  a  district  superintendent's  acts  and  decisions  may  be  taken  to 
the  Commissioner  of  Education. 

Call  School  Meetings. —  A  district  superintendent  may,  in  certain 
cases,  call  annual  and  special  school  meetings,  and  must  call  the  first 
school  meeting  in  a  new  school  district.  (See  chapter  on  school 
meetings.) 

Rooms  for  E.vaminations. —  A  district  superintendent  can  require 
the  board  of  education  of  any  school  district  or  town  to  furnish 
him  with  a  suitable  room  or  rooms  in  school  buildings  for  the  pur- 


36  NEW    YORK    SCHOOL   LAW 

pose  of  holding  any  examination  appointed  under  the  direction  of 
the  Commissioner  of  Education. 

Dividing  Territory  into  School  Districts. —  A  district  superintend- 
ent has  the  authority  under  the  law  to  alter  or  dissolve  school  dis- 
tricts. He  must,  of  course,  take  action  of  this  kind  strictly  in  ac- 
cordance with  the  terms  of  the  law. 

Appointment  of  Trustees  and  Members  of  Boards  of  Education. — 
A  district  superintendent  is  authorized  by  law  to  fill  a  vacancy  in  the 
office  of  trustee  and  member  of  a  board  of  education  by  appoint- 
ment, when  such  vacancy  has  existed  for  thirty  days  or  more. 

Recommend  Appointment  of  Normal  School  Pupils. —  He  has  the 
power  to  recommend  to  the  Commissioner  of  Education  for  appoint- 
ment as  pupils  in  the  State  normal  schools  such  persons  as  are 
qualified  and  as,  in  his  judgment,  would  become  successful  teachers 
by  receiving  a  normal  school  training. 

Apportion  School  Money. —  He  is  required  to  apportion  the  State 
school  moneys  to  the  various  school  districts  under  his  supervision 
as  directed  by  law. 

Assemble  Teachers. —  To  assemble  all  the  teachers  of  his  district 
by  towns,  or  otherwise,  on  days  other  than  legal  holidays  when 
schools  are  not  in  session  for  conference  on  the  course  of  study, 
counsel  and  advise  on  discipline  and  school  management  and  for 
the  discussion  of  school  problems  for  the  promotion  of  the  educa- 
tional interests  of  the  districts. 

Meetings  of  School  Officers. —  To  hold  meetings  of  members  of 
boards  of  education  and  other  school  officers  to  advise  and  counsel 
them  in  relation  to  their  duties  and  particularly  in  relation  to  the 
repair,  construction,  heating,  ventilating  and  lighting  of  school- 
houses  and  improving  and  adorning  the  school  grounds.  To  advise 
such  boards  in  relation  to  the  employment  of  teachers,  the  adoption 
of  text-books  and  the  purchase  of  library  books,  school  apparatus, 
furniture  and  supplies. 

Inspect  Training  Classes. —  To  inspect  the  work  done  in  a  train- 
ing class  maintained  in  his  district  and  to  report  to  the  Commissioner 
of  Education  on  the  efficiency  of  the  instruction  given  and  observa- 
tion and  practice  work  of  the  members  of  such  class. 

REVIEW   QUESTIONS 
What  provision   did   the   act   of    1795   contain   relative   to   the   election   of 
commissioners?     What  were  the  duties  of  these  officers?     Who  performed 


REVIEW    (QUESTIONS  37 

the  duties  of  these  officers  during  the  first  year  after  the  passage  of  this  act? 
What  compensation  did  commissioners  receive?  What  change  did  the  act  of 
1812  make  in  relation  to  the  number  of  these  commissioners?  What 
compensation  was  provided?  How  fixed?  What  new  office  did  this  act 
of  1812  create?  What  was  the  duty  of  these  inspectors?  What  cliange  was 
made  in  the  number  of  inspectors  in  1841  ?  When  was  the  office  of  deputy 
superintendent  of  common  schools  created?  How  many  deputies  did  each 
county  have?  How  were  they  appointed?  What  were  their  duties?  What 
change  was  made  in  the  title  of  this  office  in  1843?  What  provision  was 
made  by  the  act  of  1843  in  relation  to  appeals?  What  compensation  was  paid 
these  officers?     When  was  this  office  abolished? 

When  were  the  offices  of  commissioners  and  inspectors  abolished?  What 
new  offices  were  created  in  this  year?  How  were  these  ofiicials  chosen? 
For  what  period?  What  salary  was  paid  them?  What  were  their  duties? 
Describe  their  duties  betw-een  1847  and  1856?  When  were  these  offices 
abolished?  Why?  What  is  the  term  of  office  of  school  directors?  How 
may  the  office  be  vacated?  How  may  such  vacancy  be  filled?  What  salary 
does  a  director  receive?  What  territory  is  divided  into  supervisor}'  district^? 
How  many  districts  are  authorized?  How  are  they  distributed?  How  organ- 
ized? When?  How  is  meeting  called  for  such  purpose?  What  disposition  is 
made  of  the  proceedings  of  such  meetings?  How  many  school  directors  in 
each  town?  How  chosen?  When?  How  nominated?  How  are  nomination 
certificates  filed?  Who  gives  notices  of  election?  State  the  two  cases  when 
the  ballot  containing  the  names  of  school  directors  must  be  a  separate  ballot 
from  that  containing  names  of  candidates  for  State  and  county  oflkers. 
When  printed  on  same  ballot? 

How  is  a  district  superintendent  chosen  ?  How  many  votes  is  each  director 
entitled  to?  When  is  the  first  meeting  of  such  directors?  Who  calls  such 
meeting?  How  is  a  board  organized?  When  does  such  board  meet  to  elect 
a  district  superintendent?  What  notice  of  the  meeting  is  required?  What 
becomes  of  the  proceedings  of  such  meetings?  Who  issues  a  certificate  of 
election?  li  a  board  fails  to  elect  a  superintendent,  how  is  such  officer 
chosen?  Mention  six  ways  in  which  the  office  of  district  superintendent  may 
be  vacated?  How  is  a  vacancy  in  such  office  filled?  What  is  the  term  of  the 
first  superintendents  chosen?  What  the  term  thereafter?  What  is  the  object 
of  this  arrangement?  What  qualifications  are  specified  for  this  ofiice?  How 
does  removal  from  such  office  affect  the  qualifications  of  the  officer  removed? 

What  prohibitions  does  the  law  prescribe  as  to  the  business  interests  of  a 
district  superintendent?  What  is  the  requirement  of  the  law  in  relation  to 
the  work  a  superintendent  may  engage  in  ?  Who  may  remove  a  district 
superintendent?  State  three  grounds  for  removal.  When  must  a  super- 
intendent take  the  oath  of  office?  Who  may  administer  il?  What  salary  is 
paid  a  superintendent?  Who  pays  this  salary?  How  may  the  salary  be 
increased?  What  provision  is  made  to  meet  the  expenses  of  a  district 
superintendent?  Who  may  withhold  a  superintendent's  salary?  For  what 
reasons  ? 


47655 


38  NEW  YORK  SCHOOL  LAW 

When  may  a  superintendent  perform  official  duties  for  the  superintendent  of 
an  adjoininpr  district?  When  must  a  superintendent  perform  such  duties? 
What  arc  the  duties  of  a  superintendent  in  relation  to  supervision?  In 
establishing  boundaries?  Whom  may  he  employ  for  this  purpose?  To  whom 
is  such  expense  chargeable?  When  may  a  superintendent  order  repairs  on 
building?  To  what  amount?  When  may  he  order  furniture  purchased?  To 
what  amount?  When  may  he  order  nuisances  abated?  When  may  he 
condemn  a  school  house?  What  amount  may  he  direct  to  be  expended  to 
erect  a  building  in  the  place  of  the  one  condemned?  What  change  was  made 
by  the  Legislature  of  1897  in  relation  to  the  amount  a  commissioner  could 
direct  to  be  expended?     What  discretion  has  a  superintendent? 

What  is  his  duty  in  relation  to  examination  and  licensing  of  teachers? 
What  certificates  may  a  superintendent  revoke?  Upon  what  ground?  May 
he  revoke  a  certificate  upon  any  other  ground?  What  oaths  or  affidavits  may 
he  administer?  Is  he  entitled  to  fees  for  such  service?  When  may  he  take 
testimony  in  appeal  cases  before  the  State  department?  What  special 
authority  has  he  in  such  cases?  What  reports  is  he  required  to  obtain? 
What  reports  must  he  make?  To  what  regulations  is  he  subject?  To  whom 
may  appeals  from  his  acts  and  decisions  be  taken?  What  school  meetings 
may  he  sometimes  call?  What  accommodations  can  he  require  for 
examinations?  What  power  has  he  to  divide  the  territory  of  his  district? 
When  may  he  appoint  a  trustee?  What  are  his  duties  in  relation  to  normal 
school  pupils?  State  moneys?  When  may  he  assemble  the  teachers  of  his 
district?  The  school  officers?  What  is  his  duty  in  relation  to  training 
classes? 


CHAPTER  V 

DUTIES  OF  SUPERVISORS,   TOWN   CLERKS,   COUNTY   TREASURERS,   DIS- 
TRICT   ATTORNEYS,    AND    COUNTY    JUDGES,    IN    RELATION 
TO  SCHOOL   MATTERS 

SUPERVISORS 
[Article  13] 

Trustees  of  Gospel  and  School  Lands. —  Supervisors  are  made 
the  trustees  of  gospel  and  school  lands. 

Annual  Return  of  School  Money. —  Each  supervisor  must  make 
a  return  in  writing  on  the  hrst  Tuesday  of  February  in  each  year 
to  the  county  treasurer,  showing  the  amount  of  money  in  his 
hands  for  teachers'  salaries  and  the  districts  to  which  such 
money  belongs.  After  such  date  he  should  not  pay  out  any  of 
such  money  until  he  receives  the  next  certificate  of  apportion- 
ment from  the  school  commissioner. 

Disbursement  of  School  Moneys. —  It  is  the  duty  of  super- 
visors to  pay  upon  the  order  of  the  trustees  of  a  district,  or  a 
majority  of  them,  any  money  in  his  hands  belonging  to  such 
district  and  applicable  to  the  payment  of  teachers'  salaries,  or 
for  tuition  and  transportation  of  pupils.  The  order  upon  the 
supervisor  must  show  that  the  person  to  whom  such  money  is 
payable  was  a  duly  qualified  teacher,  and  must  also  show  the 
dates  between  which  such  teacher  was  employed.  If  such  funds 
are  to  be  used  for  the  payment  of  tuition  and  transportation  of 
pupils  the  order  should  set  forth  that  fact. 

Payment  to  Collector  or  Treasurer. —  Whenever  the  collector 
or  treasurer  of  a  district  shall  present  to  a  supervisor  a  copy  of 
the  rec[uired  bond  which  such  collector  or  treasurer  has  executed, 
certified  by  the  trustees,  the  supervisor  shall  pay  to  such  collector 
or  treasurer  all  the  moneys  in  his  hands  due  such  district  that 
may  be  applied  upon  the  payment  of  the  salaries  of  teachers. 

Payment  of  Moneys  Due  to  Union  Free  School  Districts. — 
A  supervisor,  upon  the  order  of  a  board  of  education  of  a  union 

39 


40  NEW    YORK    SCHOOL    LAW 

free  school  district,  should  pay  to  the  treasurer  of  such  district 
all  moneys  due  it  for  salaries  of  teachers. 

Accounts  of  Receipts  and  Disbursements. —  A  supervisor 
should  keep  a  correct  account  of  all  moneys  received  and  dis- 
bursed by  him,  and  should  make  a  report  thereof,  with  proper 
vouchers,  to  the  town  board  at  its  annual  meeting. 

Record  of  Receipts  and  Disbursements. —  A  supervisor  is 
authorized  by  law  to  purchase,  at  the  exi)ense  of  the  town,  a 
blank-book  in  which  he  shall  make  a  record  of  school  moneys 
received  or  paid  out,  stating  from  whom  and  for  what  purposes 
they  were  received,  and  to  whom  and  for  what  purposes  they 
were  paid.  This  record  should  be  delivered  to  his  successor  in 
office. 

Filing  Statement  of  Accounts. —  Within  fifteen  days  after  the 
term  of  office  of  a  supervisor  expires  he  should  make  a  correct 
statement  of  the  school  moneys  received  and  disbursed  by  him, 
and  should  file  such  statement  or  report  in  the  town  clerk's  office, 
and  should  notify  his  successor  in  office  that  he  has  made  and 
filed  such  report. 

To  Obtain  Funds  from  Predecessors. —  When  a  supervisor  has 
given  the  bond  required  by  law  to  the  county  treasurer,  he 
should  take  a  certificate  or  statement  from  the  county  treasurer 
showing  that  such  bond  has  been  given.  He  should  also  obtain 
from  the  town  clerk  a  copy  of  his  predecessor's  report.  He 
should  then  present  to  his  predecessor  in  office  such  copy  and 
the  certificate  of  the  county  treasurer  showing  that  he  has  exe- 
cuted the  required  bond,  and  should  demand  all  school  moneys 
in  the  hands  of  such  predecessor  in  office,  Avhich  ^money  should 
be  i)aid  upon  such  demand. 

Recovery  of  Penalties  and  Forfeiture. —  Jt  is  the  duty  of  the 
supervisor,  when  such  duty  is  not  im])osed  upon  other  officers  by 
provisions  of  law,  to  sue  for  and  recover  all  penalties  and  for- 
feitures provided  for  by  the  education  law.  After  deducting 
his  expenses  he  should  report  the  balance  to  the  district 
superintendent. 

Formation  and  Alteration  of  School  Districts. —  When  re- 
(juested  to  do  so,  a  supervisor  may  act  as  a  member  of  the  local 
board  to  consider  the  wisdom  of  forming  new  school  districts  or 
changing  the  boundaries  of  districts  already  formed.  PTe  cannot 
act   in   this  capacity   unless   properly   requested,   and   cannot   be 


DUTIES    OF    SUPERVISORS,    ETC.        .  4I 

compelled  to  act  when  requested.     In  such  matters  he  may  act 
at  his  own  discretion. 

For  this  service  supervisors  are  entitled  to  $1.50  per  day,  which 
is  a  charge  upon  their  respective  towns. 

Fix  Valuation  of  Property. —  The  supervisors  of  the  towns  in 
which  a  school  district  is  located  shall,  when  properly  requested 
to  do  so,  determine  whether  the  assessments  made  upon  certain 
property  in  such  towns  are  equitable  when  compared  with  each 
other.  If  in  any  case  they  find  that  the  assessments  are  not 
equitable  they  may  determine  the  relative  proportion  of  taxes, 
that  ought  to  be  assessed,  and  if  they  are  unable  to  agree  upon 
this,  they  may  call  a  supervisor  from  an  adjoining  town,  and  a 
majority  shall  have  power  to  determine  such  proportion.  For 
this  service  supervisors  are  entitled  to  three  dollars  per  day, 
which  shall  be  a  charge  upon  their  respective  towns.  (See 
chapter  on  "  Taxes.") 

Fees  for  Paying  Out  School  Money. —  The  Legislature  of  1904 
amended  the  town  law  by  providing  certain  fees  to  be  paid  a 
supervisor  for  services  and  including  the  paying  out  of  school 
moneys.  A  supervisor  is  entitled  to  a  fee  of  one  per-centum  on 
all  school  moneys  paid  out  in  accordance  with  the  provisions  of 
the  education  law.  He  is  not  entitled  to  such  fee  on  any  money 
paid  his  successor  in  office. 

TOWN    CLERKS 
[Article  12] 

Preserve  Records. —  It  is  the  duty  of  a  town  clerk  to  preserve 
carefully  all  books,  papers,  and  records  deposited  or  filed  in  his 
office  and  relating  to  the  schools  of  the  town  of  which  he  is  clerk. 
Any  loss  or  injury  to  such  documents  should  be  reported  imme- 
diately to  the  supervisor  of  the  town. 

Record  of  Apportionment. —  Each  supervisor  deposits  with  the 
town  clerk  the  certificate  of  apportionment  for  his  town,  which 
certificate  he  should  record  in  a  book  provided  for  that  purpose. 
He  should  also  immediately  notify  trustees  that  the  supervisor 
has  filed  such  certificate. 

Obtain  Reports  of  Trustees. —  It  is  the  duty  of  the  town  clerk 
to  see  that  all  trustees  within  his  town  file  in  his  office  an  annual 


42  NEW    YORK    SCHOOL    LAW 

report  as  required  by  law.     Such  reports  are  to  be  delivered  by 
the  town  clerk  to  the  district  superintendent  upon  his  demand. 

Report  List  of  Officers  to  District  Superintendent. —  It  is  also 
the  duty  of  a  town  clerk  to  report  to  the  district  superintendent 
a  list  of  officers  and  their  post-office  addresses  for  each  school 
district  in  his  town  as  such  lists  are  provided  him  by  school 
district  clerks. 

Distribution  of  Documents. —  It  is  the  duty  of  the  town  clerk 
to  distribute  to  the  trustees  of  the  school  districts  in  his  town 
all  books,  blanks,  or  circulars  forwarded  to  him  by  the  Commis- 
sioner of  Education  or  the  district  superintendent  for  such 
distribution.  The  documents  which  a  town  clerk  is  usually 
requested  to  deliver  are  the  annual  reports  of  the  Commissioner 
of  Education,  the  school  registers,  blank  reports  for  trustees, 
and  Arbor  Day  programmes.  He  should  also  deliver  any  other 
document  placed  in  his  hands  by  the  district  superintendent  for 
that  purpose. 

Record  of  Annual  Accounts. —  He  should  record  the  annual 
account  of  receipts  and  disbursements  of  school  moneys  made 
to  him  by  the  supervisor  and  should  also  record  the  action  taken 
by  the  town  auditors  on  such  account  and  on  the  vouchers 
accompanying  it.  When  the  Commissioner  of  Education  re- 
quires it.  he  should  furnish  him  a  copy  of  such  account. 

Final  Accounts. —  A  town  clerk  should  record  in  the  same 
book  in  which  he  records  the  annual  accounting  of  a  supervisor, 
the  final  accounting  of  school  moneys  by  the  supervisor,  and  he 
should  deliver  a  copy  of  such  final  accounting  to  the  supervisor's 
successor. 

Filing  Treasurer's  Certificate. —  A  town  clerk  should  receive 
and  record,  from  an  outgoing  supervisor,  the  certificate  of  the 
county  treasurer  showing  that  the  bond  of  such  supervisor's 
successor  has  been  executed  and  approved. 

Records  of  Districts. —  He  should  receive,  file,  and  record  all 
descriptions  of  school  districts  and  their  alterations  and  all  other 
papers  and  proceedings  relating  to  school  matters  which  are 
delivered  to  him  by  the  district  superintendent. 

Assist  in  Formation  of  Districts. —  A  town  clerk  may  become 
a  member  of  a  local  board  to  pass  upon  an  order  issued  by  a 
district    superintendent    to    change    the   boundaries   of   a    school 


DUTIES    OF    SUPERVISORS,    ETC.  43 

district  or  to  form  a  new  district.  lie  may  act  in  this  capacity 
when  requested  to  do  so  by  the  trustees  of  a  district  in  his  town 
to  be  affected  by  an  order  of  the  superintendent,  but  not  other- 
wise. He  may  act  at  his  pleasure  in  regard  to  attending-  the 
meeting  of  a  local  board  for  this  pui^pose,  but  he  cannot  be  com- 
pelled to  attend.  The  law  leaves  his  attendance  optional.  For 
service  in  this  capacity  a  town  clerk  is  entitled  to  $1.50  per  day, 
which  is  a  charge  upon  his  town. 

Preserve  Records  of  Dissolved  Districts. — A  town  clerk  should 
receive  and  preser\e  all  l)Ooks,  papers,  and  records  of  a  dissolved 
school  district  that  are  deposited  in  his  office  as  the  law  directs. 

File  Bond  of  Collector. —  A  town  clerk  should  receive  and  file 
any  bond  given  by  a  collector  of  any  school  district  in  his  town, 
and  enter  memorandum  of  the  same  in  proper  book.  He  is 
entitled  to  a  fee  of  twenty-five  cents  for  every  such  bond  filed. 
(Sec.  252.) 

Payment  and  Expenses. —  For  any  service  performed  by  a 
town  clerk  in  discharging  the  duties  above  mentioned,  for  which 
no  fee  is  provided  by  law,  he  is  entitled  to  the  same  compensation 
as  he  would  receive  for  performing  similar  services  for  the  town, 
and  it  should  be  audited  by  the  town  board  as  a  charge  upon  the 
town.  All  disbursements  in  postage,  express  charges,  etc.,  are 
a  charge  upon  the  town  also. 

COUNTY   TREASURER 

Annual  Report  to  Commissioner  of  Education. —  On  the  first 
of  October  of  each  year,  a  county  treasurer  should  report  to  the 
Commissioner  of  Education  the  amount  of  money  received  by 
him  from  the  academic  and  library  funds,  the  amount  paid  to 
each  city,  school  district  and  academy  and  the  amount  in  his 
hands,  if  any,  unclaimed  by  any  such  city,  district  or  academy. 

Require  Bonds  of  Supervisor. —  As  soon  as  the  county  treas- 
urer receives  the  district  su})erintendent's  certificate  of  appor- 
tionment, he  should  require  the  supervisor  of  each  town  in  his 
county  to  execute  a  bond  with  two  or  more  sureties  in  doul)le  the 
amount  of  school  money  to  be  respectively  paid  to  each  of  such 
supervisors.  Whenever  a  supervisor  is  required  to  furnish  a 
bond  in  the  penalty  of  double  the  amount  of  moneys  apportioned 
or  to  be  received,  and  such  supervisor  furnishes  the  bond  of  a 
surety  or  bonding  company  authorized  l)y  law  to  transact 
business  in  the  State  and  to  execute  such  bond,  the  penalty 
thereof  may  be  fixed  at  the  amount  of  moneys  so  apportioned 
or  to  be  received,  in  lieu  of  the  double  penalty  prescribed. 
Whenever  a  vacancy  occurs  in  the  oi^ce  of  supervisor 
and  such  vacancy  is  supplied,   the  person   chosen   to   fill   such 


44  NEW    YORK    SCHOOL    LAW 

vacancy  should  be  required  by  the  county  treasurer  to  give  a 
bond  in  like  manner  as  supervisors  regularly  elected,  in  double 
the  amount  of  school  moneys  in  the  hands  of  the  former  super- 
visor. 

Should  Sue  Bond. —  If  the  condition  of  the  bond  of  any  super- 
visor should  be  broken,  the  county  treasurer  should  sue  the 
bond  in  behalf  of  the  town  and  pay  the  money  recovered  to  the 
successor  of  the  defaulting-  supervisor. 

Payment  of  School  Moneys. —  After  a  supervisor  has  given  a 
bond  approved  by  the  county  treasurer,  such  treasurer  should 
pay  such  supervisor  the  amount  of  school  money  due  his  town 
as  shown  by  the  superintendents'  certificate  of  apportionment. 

Payment  of  Unpaid  Taxes. —  Whenever  a  collector  is  unable 
to  collect  the  school-district  tax  upon  any  real  estate  and  the 
matter  is  properly  presented  to  the  county  treasurer,  it  is  his  duty 
to  pay  such  tax  from  the  contingent  fund  and  to  report  the  facts 
to  the  board  of  supervisors  of  the  county.      (See  chapter  15.) 

DISTRICT   ATTORNEY 

Fines  from  Prosecutions. —  The  district  attorney  should  prose- 
cute all  persons  guilty  of  misdemeanors  in  relation  to  school 
aflfairs,  as  required  by  law,  and  should  report  annually  to  the 
board  of  supervisors  all  fines  collected  as  the  result  of  such 
prosecution,  and  all  such  money  received  by  him  should  be  imme- 
diately paid  to  the  county  treasurer.      (Sec.  851.) 

Adjust  Costs. —  When  the  amount  claimed  by  district  officers 
for  defending  actions  and  proceedings  in  behalf  of  a  district  is 
disputed  by  such  district  and  the  county  judge  is  debarred  from 
acting,  such  claim,  when  presented  in  due  form,  must  be  adjusted 
by  the  district  attorney. 

COUNTY   JUDGE 

Adjust  Costs. —  When  the  officers  of  a  school  district  have 
brought  or  defended  an  action  or  proceeding  in  behalf  of  such 
district  bv  instniction,  and  the  amount  claimed  by  such  officers 
for  costs  and  expenses  is  in  dispute,  and  when  such  officers  have 
brought  or  defended  an  action  or  proceeding  in  behalf  of  a  district 
zvifhout  instruction,  and  the  district  meeting  refuses  to  allow  the 
claim  presented  by  such  officers  for  costs  and  expenses  and  the 


REVIEW    QUESTIONS  45 

matter  is  properly  presented  to  the  county  judge,  he  should  give 
such  officers  and  district  a  hearing,  examine  into  the  facts  of  the 
case,  and  decide  what  amount  should  be  allowed  such  officers,  if 
any.  The  amount  allowed  by  a  county  judge  for  costs  and  dis- 
bursements cannot  exceed  thirty  dollars.  A  county  judge  cannot 
adjust  a  claim  for  costs  and  expenses  incurred  in  bringing  or 
defending  appeals  before  the  Commissioner  of  Education,  but 
only  in  an  "action  or  proceeding,"  in  court.  (Sec.  860;  31 
Misc.  590.) 

REVIEW   QUESTIONS 

Of  what  school  property  are  supervisors  trustees?  What  annual  return 
of  school  moneys  must  supervisors  make?  When  and  to  whom  is  such 
return  made?  When  may  supervisors  pay  out  such  moneys  after  a  return 
has  been  made?  Upon  whose  order  should  a  supervisor  pay  the  moncv 
in  his  hands  for  the  payment  of  teachers'  wages?  What  two  facts  should 
such  order  show?  When  should  a  supervisor  pay  to  a  collector  or  treasurer 
of  a  district  the  money  due  their  district  for  teachers'  wages?  What  dis- 
position should  a  supervisor  make  of  the  money  in  his  hands,  for  teachers' 
wages  and  library  purposes,  belonging  to  union  free  school  districts?  To 
whom  should  the  supervisor  make  a  report  of  the  school  moneys  received 
and  disbursed  by  him?  What  record  of  school  moneys  should  a  supervisor 
keep?     What  should  he  do  with  this  record? 

What  statement  should  a  supervisor  file  in  the  town  clerk's  office? 
When?  To  whom  should  he  send  notice  that  such  report  has  been  filed? 
State  what  is  necessary  to  qualify  a  supervisor  to  obtain  funds  from 
his  predecessor  in  office.  What  is  the  duty  of  a  supervisor  relative  to 
penalties  and  forfeiture  under  the  consolidated  school  law?  In  what 
manner  may  a  supervisor  assist  in  the  formation  or  alteration  of  school 
district  boundaries?  Has  he  authority  to  act  if  not  requested  to  do  so? 
Can  he  be  compelled  to  act  in  such  capacity?  To  what  compensation 
are  supervisors  entitled  to  for  such  service?  When  may  supervisors  deter- 
mine upon  the  equitable  assessment  of  property?  When  may  the  super- 
visor of  an  adjoining  town  assist  in  such  matters?  What  compensation 
does  he  receive  for  this  service? 

What  is  the  general  duty  of  a  town  clerk  relative  to  preserving  school 
district  records?  What  record  of  a  supervisor's  certificate  of  apportion- 
ment should  a  town  clerk  make?  What  officers'  reports  must  he  obtain? 
What  must  he  do  with  such  reports?  What  report  must  he  make  to  the 
district  superintendent?  What  is  his  duty  in  relation  to  distributing  docu- 
ments? What  is  his  duty  in  relation  to  records  of  annual  accounts?  Final 
accounts?  Treasurers'  certificate?  Records  of  boundaries  of  districts? 
When  may  he  assist  in  forming  a  new  school  district  or  in  changing  the 
boundaries  of  a  district?  Can  he  act  if  not  requested?  Can  he  be  com- 
pelled to  act?     What  compensation   does   he   receive?     What   is  his   duty   in 


46  NEW    YORK    SCHOOL    LAW 

relation  to  records  of  dissolved  districts?  In  filing  bonds  of  treasurer  or 
collector?  To  what  compensation  is  he  entitled?  How  is  such  compensation 
paid? 

When  must  a  county  treasurer  report  to  the  Commissioner  of  Education? 
What  must  such  report  show?  What  is  his  duty  in  relation  to  requiring 
bonds  of  supervisors?  When  should  he  sue  the  bondsmen  of  a  supervisor? 
When  should  he  pay  school  moneys  to  supervisors?  When  should  he  pay 
uncollected  taxes  on  real  estate  to  a  school  district  collector? 

What  is  the  duty  of  the  district  attorney  in  relation  to  fines  and  prose- 
cutions?   In  adjusting  costs? 

When  may  the  county  judge  adjust  costs  of  district  officers  defending  an 
action  or  proceeding  for  or  against  the  district?  What  amount  may  he 
allow?  Alay  he  adjust  costs  incurred  in  an  appeal  to  the  Commissioner  of 
Education  in  an  action  or  proceeding  as  defined  by  the  Civil  Code? 


CHAPTER  VI 

SCHOOL  DISTRICTS 

[Article  5] 

Number  of  Districts. —  For  the  school  year  ending  July  31, 
1920,  the  number  of  school  districts  in  the  State,  not  including 
cities,  was  10,137.  The  number  differs  from  year  to  year  as  new 
districts  are  formed  and  others  abolished. 

Origin  of  District  System. —  The  school  act  of  1795  provided 
that  the  inhabitants  of  a  town  might  associate  together  for  the 
purpose  of  establishing  and  maintaining  schools.  Schools  were 
maintained  under  this  plan  until  1812,  when  the  law  was  changed 
by  the  school  act  of  that  year  providing  that  the  town  commis- 
sioners should  divide  their  respective  towns  into  a  suitable  and 
convenient  number  of  districts  which  should  be  numbered.  The 
first  act  providing  for  union  free  schools  was  passed  in  1853,  and 
was  incorporated  into  the  Consolidated  School  Act  of  1864.  The 
object  was  to  create  strong  schools  by  uniting  weak  ones,  and 
thus  bringing  more  pupils  and  property  to  the  support  of  a 
single  school. 

Division  of  Territory. —  The  law  provides  that  all  territory 
of  the  State  must  be  divided  and  included  in  school  districts. 
If  there  is  territory  in  a  supervisory  district  not  included  in  some 
school  district,  it  is  the  duty  of  the  district  superintendent  hav- 
ing jurisdiction  to  divide  such  territory  and  order  that  it  be 
included  in  the  school  districts  to  which  it  properly  belongs. 

Constitutional  Provision. —  Section  i  of  article  9  of  the  State 
constitution  requires  the  State  legislature  to  provide  for  the 
maintenance  and  support  of  a  system  of  free  common  schools 
wherein  all  the  children  of  the  State  may  be  educated. 

School  District. —  A  school  district  is  a  subdivision  of  a  town 
or  city  which  is  under  the  management  and  direction  of  officers 
who  are  required  to  maintain  a  free  i)ublic  school  in  and  for  such 
district  as  the  law  directs. 

Classes  of  Districts. —  Under  the  education  law  school  districts 
are  known  as  city  school  districts,  union  free-school  districts  and 
common-school  districts. 

47 


48  NEW   YORK    SCHOOL   LAW 

City  School  Districts. —  Each  city  in  which  the  school  district 
botiiidarics  are  coterminus  with  the  city  boundaries  is  declared 
by  statute  to  ])e  a  city  school  district.  In  each  city  where  the 
school  district  boundaries  are  not  coterminus  with  the  city 
boundaries  the  school  district  which  contains  the  whole  or  the 
greater  portion  of  the  inhabitants  of  the  city  is  the  city  school 
district  of  such  city. 

Union  Free-School  Districts. —  Union  free-school  districts  are 
the  districts  organized  as  such  under  the  provisions  of  the  educa- 
tion law,  or  under  special  acts  of  the  State  legislature.  These 
districts  are  governed  1:)y  a  board  of  education. 

Common-School  Districts. —  All  school  districts  in  the  State 
which  are  neither  city  nor  union  free-school  districts  are 
common-school  districts.  In  the  place  of  a  board  of  education 
a  common-school  district  has  a  sole  trustee  or  a  board  of  trustees. 

Joint  Districts. —  Joint  districts  are  school  districts  lying  in 
two  or  more  towns  or  supervisory  districts. 

Public  School. —  A  ptiblic  school  is  a  school  which  is  free  to  all 
the  children  of  school  age  residing  in  a  district  or  city,  and  sup- 
ported by  public  taxation.  Common  schools  and  union  free 
schools  are  public  schools. 

Farm  School. —  The  board  of  supervisors  in  a  county,  outside 
of  the  city  of  New  York,  may  organize  a  farm  school  for  the  pur- 
pose of  giving  instruction  in  the  trades  and  in  industrial,  agricul- 
tural and  home-making  subjects.  The  cost  of  maintenance  is  a 
county  charge.  (For  details  of  the  statute,  see  article  22-a  of  the 
Education  Law.) 

Camp  Schools. —  The  law  now  authorizes  the  maintenance  of 
camp  schools  to  afford  educational  facilities  for  the  children  of 
laborers  who  may  be  employed  in  large  construction  works,  such 
as  reservoirs,  pubHc  highways,  power  plants,  etc.  These  are  special 
schools,  and  the  details  of  the  law  are  not  given  here,  but  may  be 
found  by  consulting  article  6-a  of  the  Education  Law. 

School  Year. —  The  school  year  begins  on  the  first  day  of 
August  and  ends  on  the  thirty-first  day  of  Jtily  following. 

Who  May  Attend  School. —  All  persons  over  five  and  under 
twenty-one  years  of  age  are  entitled  to  attend  the  public  school  of 
the  school  district  or  city  in  which  such  persons  reside,  the  full 
period  for  which  such  public  school  is  in  session,  without  pay- 


SCHOOL    DISTRICTS  49 

ment  therefor.  Such  has  been  the  law  since  the  passage  of  the 
free-school  act  in  1867.  (Sec.  567.)  Children  over  four  years  of 
age  are  entitled  to  attend  a  kindergarten  maintained  in  the  dis- 
trict in  which  such  children  reside,  without  charge.      (Sec.  311.) 

Attendance  of  Non-resident  Pupils. —  Non-resident  pupils  may 
upon  the  written  consent  of  the  trustees  of  a  district  or  a  majority 
of  such  trustees  be  admitted  to  the  public  school  of  such  district. 
The  trustees  determine  the  conditions  upon  which  non-resident 
pupils  are  admitted  and  the  amount  of  tuition  which  must  be 
paid.  Whenever  the  parents  or  guardians  of  non-resident  pupils 
are  taxed  on  property  owned  by  them  and  located  in  the  district, 
in  which  such  non-resident  pupils  attend  a  public  school,  the 
amount  of  such  tax  paid  must  be  deducted  from  the  tuition 
charged.     (Sec.  567.) 

Attendance  of  Indian  Pupils. —  When  a  school  district  con- 
tains an  Indian  reservation  on  which  a  school  for  Indian  children 
is  maintained,  the  Indian  children  of  such  reservation  are  not 
entitled  to  the  school  privileges  of  the  district  in  which  such 
reservation  is  located  and  cannot  be  legally  admitted  to  the 
public  district  school  without  the  consent  of  the  Commissioner 
of  Education.      (Sec.  943.) 

Description  of  Districts. —  There  should  be  on  file  in  the  town 
clerk's  office  a  complete  description  in  metes  and  bounds  of  each 
school  district  of  his  town.  The  districts  of  a  town  should  also 
be  numbered  consecutively.  In  a  town  in  which  twelve  school 
districts  are  located,  such  districts  should  be  numbered  from  one 
to  twelve,  inclusive.  If  any  of  the  districts  of  such  town  should 
be  abolished,  the  districts  should  be  renumbered  by  the  district 
superintendent  so  as  to  make  the  numbers  consecutive.  For 
example,  if  district  No.  8  should  be  abolished.  No.  12  should  be 
changed  to  8,  and  the  districts  would  then  be  numbered  from 
I  to  II  inclusive. 

Formation  and  Dissolution  of  Joint  Districts. —  When  the  best 
interests  of  public  education  will  thus  be  conserved,  a  school 
district  may  be  formed  from  the  territory  of  two  or  more  super- 
visory districts  by  the  joint  action  of  the  district  superintendents 
having  jurisdiction  or  a  majority  of  them. 

A  joint  district  may  also  be  dissolved.  This  requires,  how- 
ever, the  joint  action  of  the  superintendents  of  the  supervisory 


50  NEW    YORK    SCHOOL   LAW 

districts  in  which  such  joint  district  is  located.  The  proceedings 
are  the  same  as  those  given  under  "Alteration  of  School  Dis- 
tricts "  in  this  chapter,  except  that  all  orders  must  be  signed 
jointly  bv  the  superintendents,  or  a  majority  of  them. 

Alteration  of  Joint  District  by  Special  Meeting. —  When  a 
majority  of  the  superintendents  of  the  supervisory  districts  in 
which  a  joint  district  is  located  fail  to  attend  a  joint  meeting 
of  such  superintendents  regularly  called  for  the  purpose  of 
altering  or  dissolving  such  joint  district,  the  superintendent  or 
superintendents  attending  such  meeting,  or  any  one  of  them,  may 
call  a  special  meeting  of  such  district  to  determine  whether  it 
shall  be  dissolved  or  altered.  The  decision  of  the  meeting  on 
such  question  is  as  valid  as  though  made  by  the  superintendents. 

Dissolution  of  Districts. —  A  district  si:perintendent  has  au- 
thority to  dissolve  any  school  district  under  his  jurisdiction  for 
valid  reasons  except  a  union  free-school  district  whose  boundaries 
are  coterminous  with  the  boundaries  of  an  incorporated  village  or 
city.  His  action  in  such  cases  is  subject  to  appeal  to  the  Commis- 
sioner of  Education.  The  territory  of  such  district  or  districts,  if 
more  than  one  is  dissolved,  must  be  annexed  to  adjoining  districts 
or  must  be  created  into  a  new  district.  This  action  may  be  taken 
without  the  consent  of  the  trustees  of  the  districts  affected.  It  must 
be  understood,  however,  that  this  action  can  be  taken  only  when  a 
district  is  dissolved  and  its  territory  is  annexed  to  another  district 
or  districts  or  used  to  form  a  nezu  district. 

Call  of  Meeting  to  Form  Union  Free-School  District. —  The 
trustees  of  any  school  district  should  issue  a  call  for  a  special 
meeting  of  the  district,  to  determine  upon  organizing  a  union 
free-school  district,  when  requested  to  do  so  by  fifteen  persons 
who  are  qualified  voters  in  such  district.  This  request  should 
be  a  written  statement  asking  for  such  meeting,  and  addressed 
to  the  trustees. 

Meeting  of  Two  or  More  Districts. —  When  it  is  desired  to 
unite  two  or  more  districts  to  form  a  union  free-school  district, 
fifteen  qualified  voters  of  each  district  must  sign  a  request  for 
a  meeting;  and  when  the  trustees  receive  such  request,  they 
should  issue  a  call  for  a  joint  meeting  at  some  convenient  place 
within  such  districts. 

Notice  of  Meeting. —  Within  ten  days  after  the  trustees  have 
received  such  request,  they  should  give  notice  of  a  meeting  to 


SCHOOL   DISTRICTS  5I 

be  held  at  some  suitable  place  in  the  district.  The  notice  should 
also  state  on  what  day  and  hour  the  meeting  will  be  held.  The 
date  chosen  must  be  not  less  than  twenty  nor  more  than  thirty 
days  from  the  date  on  which  the  notice  is  given.  When  the 
trustees  refuse  or  fail  to  give  notice  of  the  meeting  the  Commis- 
sioner of  Education  may  direct  any  resident  of  the  district  to 
give  such  notice. 

Method  of  Giving  Notice. —  In  a  district  whose  boundaries 
correspond  in  whole  or  in  part  to  those  of  an  incorporated  village 
in  which  there  is  published  a  daily  or  weekly  newspaper,  the 
notice  of  such  meeting  may  be  given  by  posting  copies  of  such 
notice  in  at  least  five  conspicuous  places  in  the  district  twenty 
days  previous  to  the  date  of  the  meeting,  and  by  publishing  such 
notice  once  a  week  for  three  successive  weeks  in  all  papers  pub- 
lished in  such  district.  Personal  service  of  notice  of  meeting  is 
not  required  when  notice  is  published  in  a  new'spaper. 

In  any  other  district  notice  shall  be  given  by  posting  copies 
in  five  conspicuous  places  in  the  district  and  by  delivering  a  copy 
of  such  notice  or  so  much  thereof  as  relates  to  the  time,  place 
and  object  of  the  meeting  to  each  qualified  voter  in  the  district, 
at  the  place  of  his  residence  at  least  twenty  days  previous  to  the 
date  of  such  meeting. 

When  two  or  more  school  districts  are  involved  in  these  pro- 
ceedings, notices  must  be  given  in  each  district. 

Failure  to  Notify  all  Voters. —  A  failure  to  notify  all  voters 
of  this  meeting  will  not  render  the  proceedings  illegal  unless  it 
can  be  shown  that  such  failure  was  willful  and  fraudulent. 

Expenses  of  Notices. —  All  reasonable  expenses  for  publishing 
such  notices  of  meetings  in  newspapers  are  a  charge  upon  the 
union  free-school  district,  when  it  is  organized.  If  such  district 
is  not  organized,  these  expenses  must  be  paid  by  the  persons  who 
signed  the  request  for  such  meeting.  No  compensation  is 
allowed  for  personal  service  of  notice. 

Procedure  of  Meeting. —  A  meeting  duly  convened  for  this 
purpose  shall  organize  by  electing  a  chairman  and  a  secretary. 
The  next  proposition  to  come  before  the  meeting  should  1)e  a 
resolution  or  motion  to  form  a  union  free-school  district.  If  the 
number  required  by  law  are  present,  a  vote  may  be  taken  on  this 
proposition.  The  meeting  may  adjourn  from  time  to  time  by  a 
majority  vote,  but  not  for  a  longer  period  than  ten  days.     If  the 


52  NEW    YORK    SCHOOL   LAW 

meeting  should  take  affirmative  action  and  vote  to  organize  a 
union  free-school  district,  the  next  step  would  be  to  elect  trus- 
tees. The  election  of  trustees  is  treated  in  the  chapter  on  boards 
of  education. 

Number  Required  at  Meeting. —  If  the  meeting  consists  of  one 
district  only,  fifteen  qualified  voters  must  be  present  to  vote  on 
the  proposition  to  organize  a  union  free-school  district ;  and  if 
two  or  more  districts  are  involved,  there  must  be  at  least  fifteen 
qualified  voters  present  from  each  district,  and  a  majority  of 
those  present  and  voting  will  decide  the  question. 

Filing  of  all  Papers  and  Proceedings. —  When  affirmative 
action  has  been  taken  by  a  district  on  this  question,  copies  of  the 
request  for  such  meeting,  and  of  the  call  for  and  notice  of  such 
meeting,  and  of  the  minutes  of  the  meeting,  all  duly  certified  by 
the  chairman  and  secretary,  must  be  filed  with  the  town  clerk  of 
the  town  in  which  the  district  is  located,  with  the  district  super- 
intendent having  jurisdiction,  and  wath  the  Commissioner  of 
Education. 

Failure  to  Organize. —  If  the  resolution  to  organize  a  union 
free-school  district  should  be  defeated,  no  further  business  can 
be  transacted,  except  to  vote  to  reconsider  the  resolution  or  to 
adjourn ;  nor  can  a  meeting  to  consider  such  question  be  called 
again  within  one  year. 

Annexation  of  Common-School  District  to  a  Union  Free- 
School  District. —  A  district  superintendent  may  dissolve  one  or 
more  common-school  districts  on  the  written  consent  of  the  trus- 
tees of  all  the  districts  concerned  and  annex  the  territory  to  a 
union  free-school  district,  when  such  districts  adjoin  and  when 
the  boundaries  of  such  union  free-school  district  do  not  corre- 
spond to  the  boundaries  of  an  incorporated  village  or  a  city. 

Alteration  of  Boundaries  of  a  Union  Free-School  District 
by  District  Superintendent. —  A  district  superintendent  has  the 
authority  to  alter  the  boundaries  of  any  union  free-school  district 
whose  limits  do  not  correspond  to  those  of  an  incorporated  village 
or  a  city,  in  the  same  manner  that  common-school  districts  are 
altered.  A  district  superintendent  may  alter  the  boundaries  of  a 
union  free-school  district  having  a  population  of  five  thousand  or 
more  and  employing  a  superintendent  of  schools,  provided  the 
A\Titten  approval  of  the  Board  of  Education  of  such  district  and 


SCHOOL   DISTRICTS  53 

the  written  approval  of  the  board  of  the  other  district  affected 
thereby  have  been  obtained. 

Dissolution  of  Union  Free-School  District. —  When  a  meeting, 
regularly  con\ened,  organizes  a  union  free-school  district,  such 
district  cannot  be  dissolved  within  one  year  from  the  first 
Tuesday  in  August  following  the  date  on  which  it  was  organized. 

But  any  union  free-school  district  which  has  been  established 
for  one  year  or  more  may  be  dissolved  by  a  special  meeting  of  the 
district  with  the  approval  of  the  district  superintendent.  A  meet- 
ing for  this  purpose  should  be  called  by  the  Board  of  Education 
V  hen  an  application  therefor  is  presented  to  them,  signed  by  at 
least  fifteen  resident  taxpayers  of  the  district. 

Action  of  Meeting. —  The  vote  of  a  district  meeting  on  this 
question  should  be  taken  by  recording  the  ayes  and  noes ;  and  to 
receive  favorable  action,  the  proposition  to  change  from  a  union 
free-school  to  a  common-school  district  must  receive  a  two-thirds 
vote  of  the  legal  voters  present  and  voting  on  the  question. 
Whenever  the  question  fails  to  receive  a  majority  vote,  no  further 
meeting  for  a  similar  purpose  can  be  held  within  three  years  from 
the  date  of  the  meeting  at  which  such  vote  was  taken. 

Approval  of  District  Superintendent. —  Whenever  a  district 
takes  favorable  action  upon  the  proposition,  it  is  the  duty  of 
the  Board  of  Education  of  such  district  to  present  to  the  district 
superintendent  having  jurisdiction,  certified  copies  of  the  call 
for  and  notice  of  such  meeting  and  of  the  proceedings  of  the 
meeting.  If  the  district  superintendent  approves  the  action  of 
the  district  meeting,  he  should  file  a  certificate  to  that  effect  with 
the  Board  of  Education.  But  the  change  of  such  district  to  a 
common-school  district  cannot  go  into  effect  until  the  day  preced- 
ing the  first  Tuesday  of  August  next  following. 

Disapproval  of  District  Superintendent. —  If  the  district  super- 
intendent having  jurisdiction  should  refuse  to  approve  the  action 
of  a  meeting  in  voting  to  change  from  a  union  free-school  district 
to  a  common-school  district,  no  meeting  can  be  held  in  such 
district  for  a  like  purpose  within  three  years  from  the  date  on 
which  the  meeting  was  held  at  which  such  vote  was  taken. 

Conditional  Approval  of  District  Superintendent. —  A  district 
superintendent  may  make  his  approval  of  such  proceedings  upon 
the  condition  that  the  district  which  has  been  greatly  benefited 


54  NEW    YORK    SCHOOL    LAW 

by  consolidation  in  the  way  of  buildings,  improvements  of  site, 
etc.,  shall  pay  an  equitable  sum  to  each  of  the  other  districts  into 
which  the  district  will  be  divided. 

Division  of  Dissolved  District. —  The  district  superintendent 
having-  jurisdiction  has  the  authority  to  divide  the  territory  of  a 
union  free-school  district  which  has  been  dissolved  as  described 
in  this  chapter  into  common-school  districts,  and  whenever  a 
union  free-school  district  which  was  established  by  the  consoli- 
dation of  two  or  more  districts  shall  be  dissolved,  the  district 
superintendent  may  divide  such  territory  into  districts  to  corre- 
spond, so  far  as  practicable,  to  the  districts  which  had  been 
consolidated. 

Transfer  of  Academies  to  Former  Trustees. —  When  a  district 
so  dissolved  shall  contain  an  academy  which  was  converted 
under  the  law  into  the  academic  department  of  the  union  free- 
school  of  such  district,  the  Board  of  Education  must  transfer 
such  academy  to  a  majority  of  the  surviving  resident  former 
trustees  or  stockholders,  upon  their  application. 

Disposition  of  Money  on  Hand. —  Whenever  a  union  free- 
school  district  shall  be  thus  dissolved  and  there  shall  be  any 
money  in  the  hands  of  the  treasurer  of  such  district,  such  money 
should  be  equitably  apportioned  among  the  school  districts  into 
which  the  union  free-school  district  has  been  divided.  When 
the  treasurers  or  collectors  of  such  districts  are  elected  and  have 
qualified,  the  money  should  be  paid  to  them. 

Annual  Meeting  of  Districts  thus  Formed. —  The  annual  meet- 
ing of  the  districts  thus  formed  from  the  territory  of  a  dissolved 
union  free-school  district  shall  be  held  the  first  Tuesday  in 
August  w'hich  occurs  after  such  districts  have  been  formed.  The 
electors  of  the  districts  thus  formed  shall  elect  district  officers 
at  such  annual  meeting  in  the  manner  required  by  law. 

Notification  of  Commissioner  of  Education. —  Whenever  a 
meeting  of  a  union  free-school  district  has  been  duly  convened 
and  has  voted  to  dissolve  such  district,  and  this  action  of  the 
meeting  has  been  approved  by  the  district  superintendent,  copies 
of  the  call  for  and  the  notice  of  such  meeting,  and  of  its  proceed- 
ings and  their  approval  by  the  district  superintendent,  all  duly 
certified  by  the  board  of  education,  should  be  forwarded  to  the 
Commissioner  of  Education. 


SCHOOL   DISTRICTS  55 

Appeal  to  Commissioner  of  Education. —  Any  person  feeling- 
aggrieved  by  the  action  taken  in  any  of  the  proceedings  in  such 
cases  may  bring  an  appeal  to  the  Commissioner  of  Education, 
who  has  power  to  decide  the  matter,  and  his  decision  is  final. 

Division  of  Union  Free-School  District  which  Contains  Two 
Incorporated  Villages. —  Sections  130-134  inclusive  of  the  edu- 
cation law  formerly  provided  for  the  division  of  a  union  free- 
school  district  within  which  there  shall  be  territory  of  two  or 
more  incorporated  villages.  So  much  trouble  occurred  under 
the  operation  of  this  law  that  these  sections  were  repealed  by  the 
Legislature  of  191 1. 

Property  of  Dissolved  Districts. —  When  two  or  more  dis- 
solved districts  are  thus  consolidated  into  one,  the  new  district 
succeeds  to  the  right  of  the  property  possessed  by  the  districts 
from  which  it  was  formed. 

When  the  territory  of  a  dissolved  district  is  attached  to  other 
districts,  the  supervisor  of  the  town  in  which  the  schoolhouse 
of  such  dissolved  district  is  located  should  sell  the  property  of 
such  dissolved  district  at  public  auction.  He  should  give  at 
least  five  days'  notice  of  such  sale-by  posting  a  notice  in  three 
or  more  public  places  of  the  town  in  which  such  district  is 
located,  one  of  which  must  be  posted  in  the  district  so  dissolved. 
The  supervisor  should  deduct  from  the  receipts  of  such  sale  all 
expenses.  He  should  then  use  the  remainder  to  pay  the  debts 
of  the  district.  If  there  is  a  remainder  after  paying  such  delfts, 
the  supervisor  should  apportion  it  among  the  owners  of  taxable 
property  in  the  district  in  proportion  to  their  respective  assess- 
ments on  the  last  assessment  rolls  of  the  town,  and  should  pay 
such  money  accordingly. 

Outstanding  Moneys  of  Dissolved  Districts. —  The  supervisor 
of  the  town  within  which  the  schoolhouse  of  a  dissolved  district 
is  situated  has  authority  to  receive,  sue  for,  and  collect,  in  his 
name  of  office,  any  money  due  the  district  from  its  former  officers 
or  from  any  other  person. 

Application  of  Such  Money. —  The  supervisor  should  deduct 
from  any  moneys  thus  received  all  costs  and  expenses  of  collec- 
tion and  report  the  balance  to  the  district  superintendent.  The 
district  superintendent  should  apportion  such  balance  equitably 
among  the  districts  to  which  the  parts  of  such  dissolved  district 


56  NEW    YORK    SCHOOL   LAW 

were  annexed.  The  district  meeting  of  each  district  receiving 
such  money  should  direct  for  what  purposes  it  should  be  used. 

Adjustment  of  Affairs  of  Dissolved  Districts. —  After  a  dis- 
trict has  been  dissolved  it  continues  to  exist  in  law  for  the  pur- 
pose of  providing  for  and  paying  all  its  just  debts.  For  this 
purpose  its  trustees  and  other  officers  continue  in  office ;  the 
district  may  hold  special  meetings,  elect  officers  to  fill  vacancies, 
and  vote  taxes ;  and  the  inhabitants  of  the  district  and  its  officers 
may  transact  any  other  business  necessary  for  the  adjustment 
of  such  debts. 

Records  of  Dissolved  Districts. —  The  district  superintendent, 
or  if  a  joint  district,  the  superintendents,  should  direct  the  clerk 
or  other  person  who  may  be  in  possession  of  all  books,  papers, 
and  records  of  the  district  to  deposit  such  books,  papers,  and 
records  in  the  town  clerk's  office  of  the  town  in  which  the  school- 
house  of  such  dissolved  district  was  located.  The  superintendent 
should  file  a  copy  of  the  order  served  on  the  district  clerk  or 
other  person  Avith  the  town  clerk. 

A  failure  on  the  part  of  a  district  clerk  or  any  other  person 
to  comply  with  the  order  of  a  superintendent  in  this  matter  is 
punishable  by  a  fine  of  $50. 

Methods  of  Alteration. —  In  altering  the  boundaries  of  any 
school  district  there  are  two  methods  of  procedure.  One  is  unth 
the  consent  of  the  trustees  of  the  districts  affected,  the  other  is 
ivithout  the  consent  of  such  trustees. 

It  is  impossible  to  change  the  boundaries  of  one  district  with- 
out changing  the  boundaries  of  at  least  one  other.  If  territory 
is  taken  from  one  district  it  must  be  added  to  another.  There 
will,  therefore,  always  be  at  least  two  districts  affected  when  a 
question  of  alteration  of  boundaries  is  involved. 

Action  with  Consent  of  Trustees. —  A  district  superintendent 
should  always,  if  possible,  obtain  the  consent  of  the  trustees  of 
all  districts  to  be  affected  when  he  decides  to  alter  the  bound- 
aries of  a  district.  This  consent  should  be  in  writing  and  should 
state  definitely  what  changes  are  to  be  made.  A  description  of 
the  districts  as  they  shall  be  after  the  proposed  changes  are  made 
should  be  incorporated  in  the  written  consent  of  the  trustees. 
The  Commissioner  of  Education  has  held  that  in  a  district  having 
more  than  one  trustee  a  majority  vote  at  a  meeting  regularly 


SCHOOL   DISTRICTS  57 

called  shall  be  considered  the  action  of  such  board.  The  consent 
of  the  trustees  of  all  districts  having  been  obtained,  the  superin- 
tendent may  issue  an  order  making  the  alterations,  and  must  file 
a  copy  thereof  with  the  town  clerk  of  the  town  in  which  such 
districts  are  located,  and  if  such  districts  are  located  in  two  or 
more  towns,  a  copy  must  be  filed  with  the  town  clerk  of  each  of 
such  towns.  The  order  should  state  definitely  what  changes  are 
to  be  made  and  must  recite  that  the  consent  of  the  trustees  of 
each  district  has  been  given.  These  consents  should  be  attached 
to  and  form  a  part  of  the  order  of  the  superintendent.  The 
superintendent  should  also  file  a  copy  of  such  order  with  each 
district  clerk  of  the  school  districts  affected. 

The  Commissioner  of  Education  has  held  that  a  trustee  can- 
not consent  to  transfer  his  own  land  from  one  school  district  to 
another. 

Action  Without  Consent  of  Trustees. —  This  procedure  is  more 
complicated  than  the  former.  When  the  trustees  of  any  one  of 
the  districts  affected  refuse  to  consent  to  the  proposed  alteration 
the  superintendent  must  follow  out  each  step  provided  by  statute. 
He  may  make  the  order  and  file  it  with  the  town  clerk  of  the 
town  in  which  the  districts  are  located.  This  order  is  known  as 
the  preliminary  order,  and  must  recite  the  refusal  of  the  trustees 
of  any  district  or  districts  so  refusing,  and  the  superintendent 
must  direct  that  the  order  shall  not  take  effect  as  to  the  dissent- 
ing district  or  districts  imtil  a  day  named  therein,  and  not  within 
three  months  from  the  date  of  such  order. 

Within  ten  days  after  filing  such  order  the  superintendent 
must  give  at  least  one  week's  notice  in  writing  to  the  trustees 
of  all  the  districts  afifected  by  such  order,  that,  at  a  specific  time, 
and  at  a  place  in  the  town  in  A\'hich  one  of  the  districts  to  be 
affected  is  located,  he  will  hear  the  objections  which  may  be 
offered  to  the  proposed  alteration. 

This  notice  must  state  that  an  order  of  alteration  has  been 
issued,  and  a  copy  of  such  order  must  also  be  inserted  in  the 
notice. 

Local  Board. —  Upon  the  request  in  writing  of  the  trustees 
of  any  district  affected,  the  supervisor  and  town  clerk  of  the 
town  or  towns  in  which  such  district  wholly  or  partly  lies  may 
be  associated  with  the  superintendent  upon  the  hearing  of  objec- 


58  NEW    YORK    SCHOOL   LAW 

tions  to  his  preliminary  order.  No  supervisor  or  town  clerk  can 
act  in  this  capacity  who  has  not  been  requested  to  do  so.  And 
such  supervisor  and  town  clerk  must  present  such  request,  with 
proof  of  service  of  the  same,  to  the  superintendent,  at  the  time 
and  place  fixed  for  such  hearing,  to  establish  their  jurisdiction 
to  act.  The  supervisors  and  town  clerks  thus  requested  to  act 
and  the  superintendent,  form  the  local  board  to  hear  and  deter- 
mine upon  the  merits  of  the  objections  offered  to  the  proposed 
changes.  If  a  supervisor  or  a  town  clerk  should  be  associated 
with  a  local  board  without  being  requested  by  the  trustees  of  the 
district,  any  decision  of  such  board  determined  by  the  votes 
of  such  supervisor  or  town  clerk  would  be  declared  void  by  the 
Commissioner  of  Education  upon  appeal  to  him  in  due  form. 

If  a  district  has  more  than  one  trustee,  a  request  for  a  super- 
visor or  town  clerk  to  act  in  conjunction  with  the  superintendent 
must  come  from  a  majority  of  such  trustees ;  such  request  hav- 
ing been  decided  upon  at  a  regular  meeting. 

Town  officers  are  not  required  by  law  to  attend  such  meetings. 
Trustees  are  authorized  to  reqviest  them  to  attend ;  but  there  is 
no  authority  to  compel  their  attendance.  If  any  of  these  of^cers 
who  are  entitled  to  act  as  members  of  a  local  board  should 
fail  to  appear  at  the  hearing,  the  superintendent  and  those  super- 
visors and  town  clerks  entitled  to  become  members  of  the  board, 
who  do  appear,  may  proceed  with  the  hearing  and  render  a 
decision  thereon.  If  all  supervisors  and  town  clerks  entitled  to 
become  members  of  such  board  should  fail  to  appear  at  the  hear- 
ing, th^  superintendent  may  proceed  without  them  and  decide  on 
the  merits  of  the  objections  offered. 

But  if  the  superintendent  should  not  attend  and  if  the  town 
officers  should  attend,  they  would  not  have  the  authority  to 
proceed,  and  the  preliminary  order  issued  by  the  superintendent 
would  become  void.  In  a  case  of  this  kind  proceedings  could 
be  renewed  if  desired. 

A  local  board  has  power  to  adjourn  from  time  to  time,  but 
such  adjournments  cannot  extend  the  date  of  the  hearing  beyond 
the  time  designated  in  the  preliminary  order  when  such  order 
shall  take  effect. 

At  the  hearing  before  the  local  board  those  interested  who  are 
opposed  to  the  order  of  the  superintendent  may  present  their 


SCHOOL    DISTRICTS  59 

evidence  and  arguments  against  the  wisdom  of  the  proposed 
changes,  and  those  in  favor  may  also  present  evidence  and  argu- 
ments in  support  thereof. 

After  all  evidence  and  arguments  have  been  presented,  the 
board  must  decide  by  vote  either  to  affirm  or  vacate  the  order 
of  the  superintendent.  Each  member  of  the  board  is  entitled  to 
a  vote,  and  a  majority  desides  the  action  to  be  taken.  If  the 
board  decides  to  vacate  the  order  of  the  commissioner,  the  matter 
is  ended  and  the  changes  cannot  be  made.  An  appeal  from  such 
decision  may  be  taken  to  the  Commissioner  of  Education,  who 
may  affirm,  modify,  or  vacate  such  order.  A  record  of  the  action 
of  the  board  must  be  filed  in  the  town  clerk's  office. 

If  the  board  votes  to  confirm  the  order  of  the  superintendent, 
a  final  order  must  be  made  by  the  superintendent  and  members 
of  the  board,  directing  that  the  alterations  be  made. 

This  final  order  must  recite  the  first  order  and  all  the  proceed- 
ings taken  thereafter,  including  the  action  of  the  local  board. 

Consolidation  of  School  Districts. —  The  law  authorizes  the 
voters  of  two  or  more  districts  to  convene  in  a  joint  meeting 
for  the  purpose  of  determining  whether  or  not  such  districts 
shall  be  consolidated  into  one. 

The  object  of  this  statute  is  to  enable  several  weak  country 
districts  to  unite  into  one  strong  district  so  that  more  pupils, 
more  taxable  property,  and  more  public  money  may  be  brought 
to  the  support  of  a  single  school.  The  theory  is  that  one  strong 
school  may  be  maintained  at  less  expense  than  three  or  four 
separate  schools,  and  that  better  school  facilities  may  be  pro- 
vided. 

The  law  encourages  districts  to  consolidate  by  providing  that 
when  two  or  more  do  determine  on  consolidation,  the  enlarged 
district  shall  receive  in  public  money  from  the  State  an  amount 
equal  to  that  which  would  be  apportioned  to  the  several  districts 
in  the  aggregate  on  the  present  basis  of  apportionment. 

The  law  defines  a  regular  method  of  procedure  in  such  matters, 
and  this  procedure  must  be  strictly  followed. 

Notice  of  a  meeting  for  this  purpose  must  be  given  as  provided 
in  the  law,  and  copies  of  such  notice,  of  the  proceedings  of  the 
meeting,  and  of  the  order  made  by  the  district  superintendent 


6o  NEW    YORK    SCHOOL    LAW 

must  be  filed  in  the  office  of  the  town  clerk  of  the  town  in  which 
such  districts  are  located. 

After  the  order  of  formation  is  duly  executed  by  the  district 
superintendent,  such  superintendent  shall,  if  the  districts  cc-n- 
solidated  are  common-school  districts,  prepare  a  notice  describ- 
ing the  enlarged  district,  and  designating  the  time  and  place  for 
holding  the  district  meeting  to  elect  school  district  officers. 

The  officers  chosen  at  such  special  meeting  serve  until  the  first 
Tuesday  of  May  next  thereafter,  when  officers  should  be  elected 
at  the  annual  meeting  pursuant  to  the  provisions  of  the  Educa- 
tion Law.      (See  sections  130-134,  Education  Law.) 

In  furtherance  of  the  general  policy  of  strengthening  the 
schools  and  providing  better  school  facilities  the  Legislature  has 
provided  for  the  establishment  of  Central  Rural  Schools  (see 
article  6-B  of  the  Education  Law,  added  by  L.  1914,  ch.  55)  and 
Central  High-School  Districts  (see  article  6-C  of  the  Education 
Law,  added  by  L.  1917,  ch.  137). 

REVIEW    QUESTIONS 

What  is  the  number  of  school  districts  in  the  State?  What  is  the  law 
in  relation  to  the  division  of  all  territory  in  the  State?  What  are  the  three 
classes  of  districts?  When  was  the  district  system  first  inaugurated' 
How?  What  change  was  made  in  1812?  When  were  union  free  schools 
authorized?  Define  each.  What  is  a  public  school?  What  are  the  limits 
of  a  school  year?  Who  are  entitled  to  attend  a  public  school?  For  what 
period  may  such  persons  attend?  When  was  the  free-school  act  passed? 
Who  may  attend  a  kindergarten?  How  may  non-resident  pupils  be  admiit'  I 
to  school?  Who  determines  the  conditions  upon  which  they  are  admitted? 
What  is  the  law  in  relation  to  charging  .^^uch  pupils  tuition?  Wliat  is  the 
law  regulating  the  attendance  of  Indian  pupils  upon  a  public  school? 

Where  should  a  description  of  each  school  district  be  filed?  What  shouM 
be  the  character  of  this  description?  How  should  districts  be  numbered? 
When  may  a  joint  district  be  dissolved?  How?  When  may  the  boundaries 
of  a  joint  district  be  altered  by  a  special  meeting?  How  is  such  speci.il 
meeting  called?  When  may  a  school  district  be  dissolved  by  a  superintendent 
without  the  consent  of  the  trustees  of  such  district? 

Who  calls  the  meeting  for  the  organization  of  a  union  free  school  district? 
When?  How  should  this  request  be  made?  How  should  the  request  be 
made  when  two  or  more  districts  are  to  be  united?  When  such  request  is 
properly  presented  to  the  trustees  what  should  they  do?  What  facts  should 
the  notice  contain?     At  what  time  after  the  notice  has  been  given  must  the 


REVIEW    QUESTIONS  6l 

meeting  be  held?  How  may  the  meeting  be  called  when  the  trustees  refuse 
to  give  the  required  notice? 

What  is  the  method  of  giving  notice  in  a  district  whose  boundaries  cor- 
respond in  whole  or  in  part  to  those  of  an  incorporated  village  in  which 
there  is  published  a  daily  or  weekly  newspaper?  When  is  a  personal 
service  of  notice  not  required?  What  method  of  giving  notice  in  all  other 
districts  must  be  pursued?  How  must  notice  be  given  when  two  or  more 
districts  are  involved?  What  should  all  notices  state?  What  is  the  effect 
of  a  failure  to  notify  all  voters?  How  are  the  expenses  of  publishing 
notices,  etc.,  paid?  H  the  district  is  not  formed,  how  are  tlicy  paid?  Can 
compensation  be  allowed  for  personal  service  of  notice? 

How  does  the  meeting  organize?  What  is  the  next  proposition  to  come 
before  the  meeting?  When  may  a  vote  be  taken  on  this  proposition?  How 
may  the  meeting  adjourn?  For  what  period?  H  affirmative  action  is  taken 
on  the  proposition,  what  is  the  next  step  to  be  taken?  When  one  district 
is  involved  how  many  voters  must  be  present  in  order  that  a  vote  may  be 
taken?  How  many  voters  must  be  present  when  tz^'o  or  more  districts  are 
involved?  What  vote  determines  the  question?  When  affirmative  action 
is  taken  what  papers  must  be  filed?  With  what  officials?  H  the  proposition 
to  organize  is  defeated,  what  further  business  may  be  transacted?  When 
may  another  meeting  to  consider  the  matter  be  called? 

When  may  the  district  superintendent  annex  the  territory  of  a  common- 
school  district  to  a  union  free-school  district?  A  district  superintendent 
may  alter  the  boundaries  of  what  union  free-school  districts?  After  a 
union  free-school  district  has  been  organized  what  time  must  elapse  before 
it  can  be  dissolved?  How  may  a  union  free-school  district  which  has  been 
established  for  more  than  one  year  be  dissolved?  How  is  such  special 
meeting  called?  When  should  it  be  called?  How  should  the  vote  on  this 
question  be  taken?  What  vote  is  necessary  in  order  to  change  to  a  com- 
mon-school district?  When  a  proposition  to  change  from  a  union  free- 
school  district  to  a  common-school  district  is  defeated,  what  period  of  time 
must  elapse  before  another  meeting  may  be  called  to  consider  such  propo- 
sition? What  must  be  done  with  all  papers  in  the  proceedings  when  a 
union' free-school  district  votes  for  a  change?  What  should  the  superin- 
tendent do  if  he  approves  the  change?  When  does  the  dissolution  go  into 
effect?  H  the  superintendent  fails  to  approve  such  action,  when  may 
another  meeting  for  the  same  purpose  be  held?  When  may  a  superintend- 
ent make  his  approval  conditional?  What  is  done  with  the  territory  of  a 
union  free-school  district  when  such  district  has  been  dissolved?  When  a 
district  is  thus  dissolved  and  it  had  contained  an  academy  which  was  con- 
verted into  an  academic  department  of  such  union  free-school  district,  what 
must  the  board  of  education  do  with  such  academy?  When  a  district  is 
thus  dissolved  and  there  is  any  money  in  the  hands  of  the  treasurer  of  such 
district,  what  disposition  must  be  made  of  such  money?  To  whom  should 
it  be  paid?  When  does  the  annual  meeting  of  the  districts  formed  from 
such  dissolved  district  occur?  What  papers  relating  to  such  dissolution 
must  be  filed  with  the  Commissioner  of  Education?  What  appeal  may  be 
taken  in  these  matters? 


62  NEW    YORK    SCHOOL   LAW 

When  two  or  mort  dissolved  districts  are  consolidated  into  a  new  district, 
what  becomes  of  the  property  of  such  dissolved  districts?  What  becomes 
of  the  property  when  such  districts  are  attached  to  other  districts?  What 
notice  of  such  sale  must  be  given?  How  are  the  expenses  of  such  sale  met? 
What  disposition  is  made  of  the  remainder  of  such  fund? 

How  may  the  outstanding  money  of  a  dissolved  district  be  collected? 
What  is  done  with  money  thus  collected?  What  is  the  duty  of  a  district 
superintendent  in  relation  to  such  matters?  What  powers  does  a  dis- 
solved district  possess  as  a  district?  What  disposition  should  be  made 
of  the  books,  papers,  and  records  of  a  dissolved  district?  Who  should 
direct  this?  What  is  the  penalty  for  failing  to  comply  with  this  direction? 
What  are  the  two  methods  by  which  a  school  district  may  be  altered? 
H  the  boundaries  of  one  district  are  changed,  what  must  follow?  In  what 
form  should  trustees'  consent  be  given?  What  is  done  after  the  consent 
of  the  trustees  is  given?  What  must  be  done  with  the  superintendent's 
order?  What  facts  should  the  order  of  the  superintendent  recite?  With 
whom  should  copies  of  such  order  be  filed?  Can  a  trustee  consent  to 
transfer  his  own  land  from  one  district  to  another? 

By  whom  is  a  preliminary  order  issued  to  change  the  boundaries  of  a 
district  when  the  trustees  will  not  consent  to  such  change?  Where  must 
such  order  be  filed?  What  must  it  show?  When  must  it  take  effect  as 
to  the  dissenting  districts?  What  notice  must  the  superintendent  give  to 
the  trustees  dissenting  to  such  changes?  What  must  such  notice  con- 
tain? What  officers  may  be  associated  with  the  superintendent  at  the  hear- 
ing upon  such  order?  Can  these  officers  act  if  not  requested  by  the  trus- 
tees? What  must  these  officers  do  to  establish  their  jurisdiction  to  act? 
What  would  be  the  eff'ect  if  either  of  these  officers  should  act  without  being 
properly  requested  to  do  so?  Can  these  officers  be  required  to  act  in  this 
capacity?  H  only  part  of  the  officers  requested  to  act  in  this  capacity  should 
appear  at  the  hearing,  what  should  be  done?  H  none  of  such  officers 
requested  should  appear,  could  the  superintendent  legally  act  in  their 
absence?  If  the  superintendent  should  fail  to  appear  and  the  other  officers 
should  appear,  what  could  be  legally  done? 

Can  this  board  adjourn?  For  what  period?  What  should  be  done  at 
the  hearing?  What  must  be  done  with  the  records  of  the  proceedings? 
If  the  affirmative  action  is  taken  on  the  original  order,  what  is  the  next 
step?     What  must  the  final  order  contain? 


CHAPTER  VII 

DISTRICT   MEETINGS 

I.   FIRST   MEETING  IN   NEW   DISTRICT 

[Article  7] 

By  Whom  Appointed. —  When  the  order  forming-  a  new  school 
district  goes  into  effect  the  district  superintendent  having  juris- 
diction must  appoint  a  time  and  place  for  holding  the  first 
district  meeting  for  the  purpose  of  effecting  a  district  organiza- 
tion. 

Notice  of  Meeting. —  The  district  superintendent  must  prepare 
a  notice  which  shall  state  the  time  and  place  at  which  the  meeting 
will  be  held  and  the  object  for  which  it  is  called.  This  notice 
should  be  explicit  in  this  respect  and  state  that  the  meeting  is 
called  to  elect  officers,  vote  taxes,  and  transact  any  other  business 
permitted  by  law.  The  notice  must  also  include  a  description 
of  the  boundaries  of  the  district,  which  must  be  the  same  as  that 
contained  in  the  order  forming  such  district  and  must  be  given 
in  metes  and  bounds.  This  notice  should  be  delivered  by  the 
district  superintendent  to  some  taxable  inhabitant  of  the  district, 
who  is  directed  to  serve  such  notice  upon  every  qualified  voter 
residing  in  the  district  for  which  the  meeting  is  to  be  held. 

Service  of  Notice. —  It  is  the  duty  of  the  person  receiving  this 
notice  to  notify  every  qualified  voter  of  the  district  of  such  meet- 
ing by  delivering  to  him  a  copy  of  the  notice  of  such  meeting. 
If  any  resident  of  the  district  is  absent  from  home,  a  copv  of  that 
part  of  the  notice  relating  to  the  time,  place,  and  object  of  the 
meeting  should  be  left  at  the  place  of  residence  of  such  person. 
This  notice  must  be  served  on  the  voters  of  the  district  at  least 
six  days,  previous  to  the  date  of  the  meeting,  exclusive  of  the 
day  of  service. 

Return  of  Notice. —  The  person  serving  such  notice  should 
make  a  return  to  the  district  meeting  showing  in  what  manner 
each  inhal)itant  of  the  district  was  notified.  This  is  done  bv 
furnishing  a  list  of  names  of  those  who  were  personally  notified 
of  the  meeting  and  another  list  of  those  for  whom  the  notices 
were  left  at  their  places  of  abode.     These  lists  should  be  endorsed 

63 


64  NEW    YORK    SCHOOL   LAW 

Upon  the  back  of  the  notice  of  such  meeting  and  signed  and 
verified  by  the  person  who  served  the  notice.  It  should  then  be 
presented  by  such  person  to  the  district  meeting  and  filed  with 
the  records  of  the  district.  The  o1)ject  of  this  return  is  to  show 
that  the  meeting  was  regularly  called  and  to  establish  its  juris- 
diction in  the  event  of  any  dispute  arising.  If  a  return  is  not 
made,  it  will  be  presumed  that  the  meeting  was  regularly  called, 
unless  the  preponderance  of  evidence  should  show  otherwise. 

Penalty  for  Refusing  to  Serve  Notice. —  Any  taxable  inhabitant 
of  such  district,  when  requested  in  due  form  to  serve  the  notice 
of  such  meeting,  who  refuses  or  neglects  to  do  so,  forfeits  the 
sum  of  $5  for  the  benefit  of  the  district. 

Powers  of  Such  Meeting. —  The  first  meeting  of  a  new  district, 
when  regularly  called,  possesses  the  powers  of  an  annual  meet- 
ing and  may  transact  business  that  might  properly  come  before 
an  annual  meeting. 

Failure  to  Hold  Meeting. —  Whenever  the  time  fixed  for  the 
first  meeting  of  a  new  district  shall  have  passed  and  such  meet- 
ing shall  not  have  been  held,  the  superintendent  may,  in  his  dis- 
cretion, appoint  another  time  for  such  meeting  by  delivering 
another  notice,  as  in  the  first  case,  to  some  taxable  inhabitant 
of  the  district.  A  superintendent  is  not  required  to  call  a  second 
meeting.  He  may  act  as  he  deems  it  expedient  under  the  circum- 
stances. Unless  in  the  opinion  of  the  superintendent  it  is  neces- 
sary for  the  consideration  of  important  business  before  the  date 
of  the  annual  meeting,  a  second  meeting  should  not  be  called. 

2.    SPECIAL    MEETINGS 

By  Whom  Called  in  Common-School  District. —  The  call  for 
all  special  meetings  in  a  common-school  district  should  be  issued 
by  the  trustees  of  the  district.  When  the  office  of  trustee  is 
vacant  the  district  clerk  should  issue  such  call,  and  Avhen  the 
ofifices  of  trustee  and  clerk  are  both  vacant,  the  district  superin- 
tendent having  jurisdiction  may,  when  it  is  shown  to  his  satis- 
faction that  conditions  demand  it,  issue  a  call  for  a  special 
meeting. 

Method  of  Calling  in  a  Common-School  District. —  There  are 
two  methods  by  which  special  meetings  may  be  called  in  a  com- 
mon-school district.     The  voters  of  a  district  may  at  any  annual 


DISTRICT    MEETINGS     -  6$ 

meeting  adopt  a  resolution  prescribing  the  method  by  which 
notice  of  special  meetings  shall  be  given.  Such  resolution  and 
such  method  of  calling  special  meetings  provided  thereby  shall 
remain  in  force  imtil  modified  by  some  sul^sequent  annual  meet- 
ing. This  method  must  be  such  that  the  notice  may  reasonably 
be  expected  to  reach  e\-ery  voter  of  the  district.  Publishing- 
notices  in  a  paper  published  in  the  district  or  posting  notices  for 
a  reasonable  time  in  conspicuous  places  in  the  district,  has-  been 
held  to  meet  the  requirements  of  the  law. 

When  the  annual  meeting  fails  to  provide  a  special  manner  of 
giving  notice  of  special  meetings,  the  method  provided  by  statute 
m.ust  be  pursued.  The  district  clerk,  upon  the  request  of  the 
trustee  or  trustees  of  the  district,  must  serve  notice  upon  each 
of  the  c|ualified  voters  of  the  district  at  least  six  days,  exclusiA-e 
of  the  day  of  service,  before  the  date  of  such  special  meeting. 
It  there  should  be  a  vacancy  in  the  office  of  district  clerk,  or  if 
the  clerk  should  refuse  to  act,  a  trustee  of  the  district  or  some 
taxable  inhabitant,  tq^on  order  from  the  trustees  of  the  district, 
must  serve  the  notice  of  special  meetings.  If  the  offices  of 
trustee  and  clerk  are  both  vacant,  the  district  superintendent  mav 
direct  some  inhabitant  of  the  district  to  serve  the  notice  of 
special  meetings. 

Notice  of  Special  Meeting  in  Union  Free-School  District. — 
The  notice  of  all  s]iecial  meetings  should  be  given  by  the  Board 
of  Education  and  in  the  same  manner  that  notice  of  annual 
meetings  is  given.  The  notice  of  such  meetings  mav  be  signed 
by  the  president  and  the  clerk  of  the  board,  but  this  must  be 
done  under  the  direction  of  the  board.  The  notice  should  .state 
explicitly  when  and  where  the  meeting  will  be  held  and  the 
purpose  for  which  it  is  called. 

Service  and  Return  of  Notice. —  The  method  of  serving  notice 
I'T  special  meetings  on  the  inhabitants  of  a  district  is  the  same 
as  that  outlined  in  this  chapter  for  serving  notice  for  the  first 
meeting  of  a  district.  The  same  method  of  procedure  in  making 
a  return  of  service  of  notice  should  also  be  followed. 

Penalty  for  Refusing  to  Serve  Notice. —  Any  taxable  inhabi- 
tant of  a  district  who  refuses  to  serve  a  notice  of  special  meet- 
ing when  legally  requested  forfeits  the  sum'  of  $5  for  the  benefit 
of  the  district. 


66  NEW    YORK    SCHOOL   LAW 

Power  of  District  Superintendent  to  Call  Special  Meetings. — 

It  will  be  observed  from  the  preceding  paragraphs  relating  to 
special  meetings  that  a  district  superintendent  may  call  and  give 
notice  of  special  district  meetings  for  any  school  district  under 
his  jurisdiction  when  the  offices  of  clerk  and  all  trustees  for 
such  district  are  vacant. 

Failure  to  Notify  all  Voters. —  If  the  failure  to  notify  all 
voters  of  a  district  meeting  can  be  shown  to  be  wilful  and  fraud- 
ulent, the  proceedings  will  be  declared  illegal  upon  appeal  in 
proper  form  to  the  Commissioner  of  Education.  If  such  omis- 
sion of  notice  appears  accidental  or  if  the  presence  of  the  person 
failing  to  receive  such  notice  would  not  change  the  result  of  the 
action  of  such  meeting,  or  if  such  person  attended  the  meeting, 
the  proceedings  will  be  declared  legal.  All  matters  of  this  char- 
acter in  dispute  should  be  presented  to  the  Commissioner  of 
Education  in  the  form  of  appeals. 

Powers  of  Special  Meetings. —  The  only  business  which  can 
be  considered  at  a  special  meeting  is  that  for  which  the  meeting 
was  called  and  which  was  designated  in  the  notice  of  such 
meeting. 

The  only  purpose  for  which  a  special  meeting  in  a  union  free- 
school  district  whose  boundaries  are  the  same  as  those  of  a  city 
or  an  incorporated  village  are  for  the  authorization  of  improve- 
ments to  school  property  as  provided  in  section  467  and  the 
issuance  of  bonds  therefor,  or  such  other  purpose  as  the  charter 
or  special  act  of  a  city  or  village  may  particularly  specify. 

3.    ANNUAL   SCHOOL    MEETINGS 

Notice  in  Common-School  District. —  The  district  clerk  should 
give  at  least  five  days'  notice  of  an  annual  meeting  by  posting 
notices  thereof  in  at  least  five  public  places.  A  failure  to  give 
such  notice  would  not  invalidate  the  business  transacted  at  an 
annual  meeting,  as  the  law  fixes  the  date  and  all  persons  entitled 
to  vote  at  such  meetings  should  know  when  they  are  to  be  held, 
without  receiving  notice. 

Notice  in  Union  Free-School  District. —  The  clerk  of  a  union 
free-school  district  who  is  the  clerk  of  the  Board  of  Education 
should  give  notice  of  the  annual  meeting  by  publishing  the  same 
in  two  newspapers  in  the  district,  weekly  for  four  weeks  im- 


DISTRICT   MEETINGS  (ij 

mediately  preceding  the  date  of  the  annual  meeting.  If  there  are 
not  two  newspapers  published  in  the  district,  then  such  notice 
should  be  printed  in  one  paper.  If  no  newspaper  is  published  in 
such  district,  then  such  notice  must  be  posted  in  at  least  twenty 
conspicuous  places  for  at  least  twenty  days  before  the  time  of 
such  meeting.  These  notices,  and  all  other  notices  and  reports 
required  to  be  published  in  newspapers  shall  be  printed  at  the 
rates  prescribed  for  legal  notices.  If  the  publishers  refuse  to 
print  such  notices  at  the  rates  so  prescribed  the  notices  may  be 
posted  in  lieu  of  such  publication. 

Date. —  I.  The  annual  school  meeting  of  such  common-school 
district  must  be  held  on  the  first  Tuesday  of  ]\Iay  of  each  year. 

2.  The  date  fixed  by  law  for  the  annual  meeting  of  a  union  free- 
school  district  whose  boundaries  do  not  correspond  to  those  of 
an  incorporated  village  or  a  city,  is  the  first  Tuesday  of  May 
also.  The  Board  of  Education  of  such  district  may  adopt  a 
resolution  fixing  the  time  of  the  annual  meeting  as  the  first 
Tuesday  in  August. 

In  a  union  free-school  district  whose  boundaries  do  coincide 
with  the  limits  of  an  incorporated  village  or  a  city  no  annual 
meeting  is  held.  The  election  of  officers  in  such  districts  occurs 
at  the  charter  election  and  the  usual  business  of  the  district  is 
transacted  by  the  Board  of  Education. 

Hour. —  Unless  a  previous  annual  meeting  has  fixed  some  other 
hour,  the  meeting  should  be  held  at  7  130  o'clock  p.  m. 

Place. —  The  annual  meeting  must  be  held  in  the  schoolhouse 
of  the  district  unless  otherwise  voted  by  the  district.  If  the  dis- 
trict has  two  schoolhouses,  the  meeting  should  be  held  in  the 
one  generally  used  for  that  purpose.  The  trustees,  however,  may 
designate  the  other  schoolhouse.  A  district  may  vote  at  an  annual 
meeting  or  a  special  meeting  called  for  that  purpose,  that  future 
meetings  shall  be  held  at  some  other  place  than  the  schoolhouse.  If 
the  district  has  no  schoolhouse,  the  meeting  must  be  held  at  some 
place  designated  by  the  trustees. 

Failure  to  Hold  Annual  Meeting. —  If  the  date  of  the  annual 
meeting  has  passed  and  such  meeting  has  not  been  held  in  a 
certain  district,  the  trustee  or  clerk  of  such  district  should  call 
a  special  meeting  to  transact  the  business  of  the  annual  meet- 
ing. If  the  trustees  or  clerk  of  such  district  should  fail  to  call 
such  special  meeting  within  ten  days  after  the  date  fixed  l)y 
law  for  holding  the  annual  meeting,  the  district  superintendent 
having  jurisdiction  over  such  district  may  order  any  resident 
of  such  school  district  to  orive   notice  that  such   meeting-  will 


68  NEW    YORK    SCHOOL    LAW 

be  held.  This  notice  must  be  given  in  the  same  manner  as 
notices  of  special  meetings. 

The  district  officers  should  make  to  such  meeting  the  reports 
required  to  be  made  at  annual  meetings.  A  failure  to  make 
such  reports  subjects  district  officials  to  the  same  penalty  that 
is  imposed  for  a  failure  to  report  at  annual  meetings.  Officers 
elected  at  such  meeting  are  entitled  to  serve  until  the  date  of 
the  next  annual  meeting  or  until  their  successors  have  been 
elected  and  have  qualified. 

Notice  of  Adjourned  Meeting. —  When  any  meeting  of  a  dis- 
trict has  been  adjourned  for  more  than  one  month,  the  clerk 
of  the  district  must  post  notices  of  the  time  and  place  of  such 
adjourned  meeting  in  at  least  five  of  the  most  public  places  in 
such  district  and  at  least  five  days  previous  to  the  time  appointed 
for  such  meeting. 

Legislative  Body  of  District. —  The  electors  of  a  school  dis- 
trict, when  assembled  in  a  meeting  regularly  convened,  consti- 
tute the  legislative  body  of  such  district  and  may  transact  any 
business  relating  to  the  school  aflairs  of  such  district  which  is 
permissible  by  statute.  As  special  meetings  are  called  to  trans- 
act special  business,  the  annual  meeting  of  a  district  is  the  one  in 
which  nearly  all  the  routine  business  of  a  district  is  transacted. 
The  more  important  matters  coming  before  an  annual  meeting 
as  provided  by  law  are  as  follows : 

Powers  and  Duties  of  Annual  Meetings: 

1.  To  select  a  presiding  officer,  to  be  known  as  chairman,  and  in 
the  absence  of  the  district  clerk  to  select  a  clerk  pro  tempore. 

2.  To  elect  district  officers  for  the  ensuing  school  year. 

3.  To  determine  by  majority  vote  l)y  ayes  and  noes  whether  a 
district  officer  shall  be  chosen  to  be  known  as  treasurer. 

4.  To  name  the  amount  of  the  bond  which  the  collector  and 
the  treasurer  must  give  to  the  district  for  the  faithful  perform- 
ance of  the  duties  of  their  respecti\e  offices. 

5.  To  vote  a  tax  upon  the  taxable  property  of  the  district  :o 
purchase,  lease,  or  improve  the  schoolhouse  site  or  to  enlarge  tb.e 
site  already  owned  l)y  the  district.  Also  to  vote  a  tax  to  hire  or 
purchase  rooms  or  buildings  for  school  purposes  and  to  keep 
them  in  repair.  To  vote  a  tax  to  build  schoolhouses  and  to 
supply  them  with  necessary  fm-niture.  fuel,  etc. 


REVIEW    QUESTIONS  69 

6.  To  vote  a  tax  not  to  exceed  $25  in  any  one  year  for  the 
purchase  of  school  apparatus,  such  as  maps,  globes,  blackboards, 
etc.,  and  for  the  purpose  of  supplying  text-books  and  other 
school  supplies  for  the  use  of  the  poor  scholars  of  the  district. 

7.  To  vote  a  tax  for  the  establishment,  maintenance,  support, 
and  increase  of  a  school  library,  and  to  purchase  a  bookcase. 

8.  To  vote  a  tax  to  supply  a  deficiency  caused  by  a  failure  to 
collect  a  former  tax,  also  for  the  purpose  of  providing  a  record 
book  for  the  district. 

9.  When  district  officers  have  lost  or  embezzled  any  of  the 
funds  of  a  district,  the  annual  meeting  may  vote  a  tax  upon  the 
district  to  replace  such  fimds. 

10.  The  annual  meeting  may  also  vote  a  tax  upon  the  district 
to  meet  the  expenses  incurred  by  the  district  officers  in  defending 
suits  or  appeals  in  the  district's  behalf  and  also  in  prosecuting 
suits  or  appeals  in  its  behalf,  when  directed.  ' 

11.  The  district  may  also  vote  a  tax  to  pay  teachers'  wages 
as  they  become  due,  and  to  pay  any  judgment  obtained  from  a 
competent  court  by  a  teacher  for  teacher's  salaries. 

12.  An  annual  meeting  may  direct  the  trustees  of  a  district 
to  insure  in  any  insurance  company  created  under  the  laws  of 
this  State,  or  authorized  to  do  business  in  the  State,  the  school 
buildings,  furniture,  apparatus,  etc. 

The  voters  of  a  district  not  maintaining  an  academic  depart- 
ment may,  at  the  annual  meeting,  designate  the  academic  school 
■  or  schools  where  instruction  shall  be  given  the  academic  pupils 
of  the  district  at  the  district's  expense. 

Method  of  Voting, —  All  questions  involving  the  expenditure 
of  money  or  the  levying  of  a  tax  upon  a  district  must  be  b\- 
ballot,  or  by  a  vote  of  the  ayes  and  noes,  which  must  be  properly 
recorded. 

REVIEW  QUESTIONS 

Who  appoints  the  first  meeting  in  a  new  disirict?  When?  Who  prepares 
the  notice?  What  should  the  notice  show?  What  is  done  with  sucli  notice? 
Who  serves  it?  Who  designates  the  person  to  serve  it?  Upon  whom  mus^t 
such  notice  be  served?  llow  should  such  notice  be  served?  How  should 
such  notice  be  served  upon  persons  who  are  absent  from  home?  When 
must  such  notice  be  served?  How  should  a  return  of  service  of  notice  be 
made?  What  should  be  done  with  such  return?  Why?  What  is  the  penalty 
for  refusing  to  scr\e  such  notice?  What  powers  does  such  meeting  possess? 
If  the  time  for  hulding  such  meeting  has  passed  and  the  meeting  has  not 
been  held,  what  should  be  done? 

Who  usually  calls  special  meetings?  When  may  the  district  clerk?  The 
district  superintendent?  Commissioner  of  Education?  llow  many  methods 
of  calling  special  meetings  arc  there?     Describe  each.     What  is  the  method 


70  NEW    YORK    SCHOOL   LAW 

of  service  of  notice  of  such  meeting?  Wliat  notice  is  required  in  a  union 
free-school  district?  Of  the  return  of  service  of  such  notice?  What  is 
the  penaUy  for  refusing  to  serve  such  notice?  What  is  the  effect  of  a 
wilful  failure  to  notify  all  qualified  voters  of  such  meetings?  What  if  such 
failure  were  accidental?  What  if  the  presence  of  those  who  were  not 
notified  would  not  change  the  result  of  the  action  of  a  meeting?  How 
should  disputes  of  this  kind  be  settled?  What  business  can  be  transacted 
at  a  special  meeting? 

What  notice  of  annual  meetings  must  be  given  in  a  common-school  dis- 
trict? In  a  union  free-school  district?  Does  a  failure  to  give  such  notice 
invalidate  a  meeting?  When  does  the  annual  meeting  occur?  At  what 
hour?  At  what  place?  May  it  be  held  elsewhere?  When?  If  the  annual 
meeting  is  not  held  on  the  date  fixed  by  law,  what  should  be  done?  What 
business  should  be  transacted  at  the  meeting  when  called?  For  what  period 
do  the  ofiicers  elected  at  such  meeting  serve?  What  notice  must  be  given 
of  a  meeting  adjourned  for  more  than  one  month?  What  is  the  legislative 
body  of  a  school  district?  What  power  has  an  annual  meeting  in  relation 
to  selecting  a  chairman?  A  clerk  pro  tempore?  District  officers?  District 
treasurer?  What  is  the  duty  of  a  district  meeting  in  relation  to  the  bond 
of  treasurer  or  collector?  Name  the  various  purposes  for  which  a  district 
meeting  may  vote  a  tax?  What  direction  should  an  annual  meeting  give 
trustees  in  relation  to  the  insurance  of  property?  How  must  a  vote  involv- 
ing expenditure  of  money  be  taken? 


CHAPTER  VIII 

VOTERS   AT   SCHOOL   DISTRICT    MEETINGS  —  QUALIFICATIONS, 

CHALLENGES,  ETC. 

[See  Sections  203,  204  and  205] 

Note. —  The  qualifications  of  voters  in  union  free-school  dis- 
tricts are  the  same  as  those  of  voters  in  common-school  districts. 
No  distinction  is  made  by  law  between  the  qualifications  of  voters 
in  these  two  classes  of  districts  or  in  the  penalty  for  illegal  vot- 
ing. Under  the  provisions  of  the  Education  Law,  there  are  four 
classes  of  persons  entitled  to  vote  at  school  district  meetings  in 
this  State.  These  classes  are  clearly  defined  in  a  circular  letter 
issued  by  the  Education  Department,  as  follows : 

Who  Are  Voters. —  Four  classes  of  persons  are  entitled  to  vote  at  school 
district  meetings.     All  voters  must  have  the  following  general  qualifications: 

General  Qualifications 

1.  A  citizen  of  the  United  States. 

2.  Twenty-one  years  of  age  at  least. 

3.  A  resident  within  the  district  for  a  period  of  at  least  thirty  days  next 
preceding  the  meeting  at  which  he  or  she  offers  to  vote. 

Any  person  who  possesses  the  above  general  qualifications  and  any  one  of 
the  four  special  qualifications  is  entitled  to  vote: 

Special  Qualifications 

1.  One  who  owns  or  hires,  or  is  in  the  possession  under  a  contract  of 
purchase  of  real  property  in  such  district  liable  to  taxation  for  school 
purposes. 

2.  One  who  is  the  parent  of  a  child  of  school  age,  provided  such  child 
shall  have  attended  the  district  school  in  the  district  in  which  the  meeting 
is  held  for  a  period  of  at  least  eight  weeks  within  the  school  year  preceding 
such  school  meeting. 

3.  One  who,  not  being  the  parent,  has  permanently  residing  with  him  or 
her  a  child  of  school  age  who  shall  have  attended  the  district  school  for  a 
period  of  at  least  eight  weeks  within  the  school  year  preceding  such  meeting. 

4.  One  who  owns  any  personal  property  assessed  on  the  last  preceding 
assessment  roll  of  the  town  exceeding  fifty  dollars  in  value,  exclusive  of 
such  as  is  exempt  from  execution. 

Women  possessing  any  of  the  above  qualifications  are  entitled  to  vote. 

71 


72  NEW    YORK    SCHOOL   LAW 

Both  parents  are  entitled  to  vote  when  they  have  a  child  or  children  who 
attended  school  in  the  district  eight  weeks  during  the  year  preceding  such 
meeting. 

But  one  such  person,  however,  can  vote  where  tlie  right  to  vote  depends 
upon  their  having  children  not  their  own  residing  with  them,  and  that  person 
must  be  the  head  of  the  family. 

Residence. —  A  person  to  become  a  resident  of  a  school  district 
niu?t  actually  reside  in  such  district  for  a  period  of  at  least  thirty- 
da  vs  immediatelv  preceding  any  annual  or  special  meeting  held 
in  such  district. 

Challenge  of  Voter. —  Xo  person  can  take  part  in  the  trans- 
action of  any  business  of  a  district  meeting-  who  is  not  a  legal 
voter  at  such  meeting.  The  right  of  any  person  to  vote  at  a 
school  district  meeting  cannot  be  cjuestioned  or  challenged  by 
any  person  except  a  duly  qualified  voter.  AA'hen  a  person  offer- 
ing to  vote  at  a  district  meeting  is  challenged  by  a  qualified 
voter,  the  chairman  of  such  meeting  should  require  the  person 
thus  challenged  to  make  the  following  declaration  :  "  I  do'  declare 
and  affirm  that  I  am  and  have  been  for  the  thirty  days  last  past 
an  actual  resident  of  this  school  district  and  that  I  am  qualified 
to  \'ote  at  this  meeting."  Any  person  who  shall  make  such 
declaration  is  entitled  to  vote  upon  all  propositions  which  arise 
at  such  meeting.  A  person  thus  challenged  who  refuses  to  make 
such  declaration  should  not  be  permitted  to  vote  i:pon  any  ques- 
tion l:)efore  the  meeting.  Xeither  the  district  meeting  nor  the 
officers  of  such  meeting  have  authority  to  pass  upon  the  cjualifi- 
cations  of  any  voter.  Even  if  the  officers  of  such  meeting  know 
the  declaration  made  by  a  person  challenged  to  be  false,  they 
cannot  refuse  to  accept  his  vote.  The  proper  course  to  pursue 
is  to  accept  such  vote,  and  proceed  against  the  offender  as  the 
law  provides. 

Penalty  for  Illegal  Voting. —  A  person  who  has  been  chal- 
lenged at  any  school  district  meeting  and  who  willfully  makes 
a  false  declaration  of  his  or  her  right  to  vote  at  such  meeting, 
is  guilty  of  a  misdemeanor  which  is  punishable  by  fine  or  impris- 
onment or  both. 

A  person  voting  at  any  school  district  meeting  who  has  not 
been  challenged  and  whf)  is  not  a  qtialified  voter  at  such  meet- 
ing, forfeits  the  sum  of  ten  dollars,  which  shouM  be  sued  for  by 
the  siq)ervisor  of  the  town  fnr  the  benefit  of  the  school  district. 


VOTERS    AT    SCHOOL   DISTRICT    MEETINGS  fj 

Under  the  Penal  Law  a  person  not  qualified  Avho  knowingly 
■votes  or  offers  to  vote,  or  who  makes  a  false  declaration  \\  hen 
challenged  at  any  school  district  meeting,  is  guilty  of  a  misde- 
meanor. 

Decisions  of  Education  Department. —  The  State  Superintend- 
ents of  Public  Instruction  and  the  Commissioner  of  Education 
have  established  the  folloAving  rulings,  which  govern  questions 
at  the  present  time  involving  these  points  of  law : 

1.  An  alien  is  not  a  legal  voter  at  a  school  district  meeting, 
although  he  may  reside  in  the  school  district,  own  lands  in  the 
district,  or  have  children  of  school  age  residing  with  him  who 
attend  school  in  the  district. 

2.  The  proceedings  of  a  school  district  meeting  carried  by 
illegal  votes  will  be  set  aside  on  appeal  to  the  Commissioner  of 
Education. 

3.  When  the  illegal  votes  cast  at  a  school  district  meeting 
would  not  change  the  result  of  any  of  the  proceedings  of  such 
district  meeting,  the  proceedings  will  not  be  set  aside. 

4.  The  chairman  of  a  school  district  meeting  is  entitled  to 
vote  upon  all  questions  coming  before  the  meeting  for  determina- 
tion. 

5.  The  chairman  of  a  school  district  meeting  is  not  entitled 
to  cast  the  deciding  vote  in  case  of  a  tie,  if  he  has  already  voted 
on  the  question. 

6.  A  man  is  not  entitled  to  vote  on  account  of  the  qualifications 
of  his  wife,  nor  is  a  woman  entitled  to  vote  upon  the  qualifica- 
tions of  her  husband. 

7.  The  law  does  not  declare  the  amount  of  real  estate  which  a 
person  must  own  or  rent  to  entitle  such  person  to  vote  at  a  school 
district  meeting. 

8.  The  residence  of  a  person  must  be  bona  fide  to  entitle  such 
person  to  vote  at  a  district  meeting. 

9.  Prima  facie,  the  place  where  a  person  lives  is  deemed  his 
residence. 

10.  Where  a  person  removes  from  one  place  to  another  with  an 
intention  of  making  the  latter  his  permanent  residence,  that  place 
immediately  becomes  his  residence. 

11.  No  person  can  vote  upon  any  proposition  before  a  district 
meeting  who  is  not  a  qualified  voter. 


74  NEW    YORK    SCHOOL   LAW 

REVIEW   QUESTIONS 

Is  there  a  difference  between  the  qualifications  of  voters  in  common- 
school  districts  and  those  of  the  voters  in  union  free-school  districts?  Is 
there  in  the  penalty  for  illegal  voting?  Into  how  may  classes  may  the  vot- 
ers of  school  district  meetings  be  arranged?  What  are  the  qualifications 
of  the  first  class?  Second  class?  Third  class?  Fourth  class?  Can  a 
person  vote  at  a  school  district  meeting  if  such  person  is  not  a  resident 
of  the  district  for  which  the  meeting  is  held?  State  each  of  the 
four  qualifications  which  a  voter  must  possess.  Can  women  possessing 
any  of  the  four  qualifications  vote?  Which  of  these  four  qualifications 
apply  to  married  people?  Which  to  single  people?  Who  may  vote  on  the 
qualifications  of  the  second  class,  father  or  mother?  Explain  who  are 
entitled  to  vote  on  the  qualifications  of  the  third  class?  What  is  a 
"  residence." 

Who  may  challenge  the  right  of  a  person  to  vote  at  a  district  meeting? 
What  declaration  must  a  person  challenged  make?  What  is  the  effect 
of  a  challenged  person's  making  such  declaration?  A  refusal  to  make  such 
declaration?  Can  the  officers  of  a  district  meeting  pass  upon  the  quali- 
ficationtions  of  a  voter?  Even  if  the  officers  knozv  that  a  false  declaration 
has  been  made,  can  they  refuse  to  accept  the  vote  of  the  person  who  made 
it?  What  course  may  be  pursued  in  such  case?  What  is  the  penalty  for 
making  a  false  declaration  regarding  the  right  to  vote?  What  is  the 
penalty  for  illegal  voting  at  a  district  meeting  when  the  voter  has  not 
been  called  upon  to  make  a  declaration? 

Can  an  alien  vote  at  a  school  meeting  if  he  possesses  all  other  qualifica- 
tions of  voters?  What  action  may  be  taken  upon  any  proceedings  of  a 
district  meeting  carried  by  illegal  votes?  If  the  illegal  votes  cast  do  not 
affect  the  result  of  any  proceedings,  what  is  the  ruling  of  the  Commissioner 
of  Education?  Upon  what  questions  may  a  chairman  of  a  meeting  vote? 
Can  a  chairman  cast  a  deciding  vote  in  case  of  a  tie  if  he  has  already  voted 
on  the  question?  May  a  man  vote  on  qualifications  possessed  by  his  wife? 
May  a  woman  vote  on  the  qualifications  of  her  husband? 

Does  the  law  fix  the  amount  of  the  real  estate  a  person  must  own  or  rent 
to  qualify  him  to  vote?  Explain  the  rulings  of  the  Commissioner  of  Edu- 
cation as  given  in  numbers  8,  9,  and  10  of  this  chapter. 


CHAPTER  IX 

COMMON-SCHOOL    DISTRICT    OFFICERS 

[Article  8] 

Officers  of  Common-School  Districts. —  The  ofificers  of  a  com- 
mon-school district  are  a  trustee  or  trustees  (as  determined  by 
the  district),  a  clerk,  a  collector,  a  librarian,  and  a  treasurer 
when  the  district  has  decided  to  elect  such  officer. 

TRUSTEE 

Eligibility. —  To  be  eligible  to  the  office  of  trustee  a  person 
must  possess  tivo  distinct  qualifications.  He  must  be  a  quaHfied 
voter  of  the  district,  and  must  also  be  able  to  read  and  write. 
A  woman  possessing  these  qualifications  is  eligible  to  hold  the 
office  of  trustee. 

Prohibitions. —  Trustees  are  prohibited  from  holding  the  office 
of  district  clerk,  collector,  treasurer,  or  lil)rarian ;  also  from 
holding  the  office  of  district  superintendent  or  supervisor.  A 
trustee  accepting  any  of  these  offices  would  upon  the  acceptance 
of  such  other  office  vacate  the  office  of  trustee.  A  person  hold- 
ing the  office  of  clerk,  collector,  treasurer,  or  librarian  who  should 
accept  the  office  of  trustee  would  also,  upon  the  acceptance  of 
the  office  of  trustee,  vacate  such  other  office. 

Election. —  The  election  of  trustees  must  take  place  at  the 
annual  meeting  in  all  districts.  The  election  must  be  by  ballot 
and  the  trustees  must  supply  ballot-boxes  for  this  purpose.  The 
district  meeting  must  by  some  method  appoint  two  inspectors  of 
election.  This  may  be  done  by  adopting  a  motion  to  instruct 
the  chairman  or  clerk  of  the  meeting  to  appoint  such  inspectors. 
A  motion  or  resolution  might  be  adopted  naming  two  inspectors. 
The  district  meeting  might  also  pursue  any  other  method  in 
selecting  the  inspectors. 

In  all  cases  the  election  must  be  by  ballot.  Even  if  the  name 
of  but  one  person  is  presented  to  the  district,  the  election  of  such 
person,  to  be  legal,  must  be  by  ballot.  The  votes  cast  for  trustee 
must  be  deposited  in  the  ballot-box  provided  for  that  purpose. 

75 


76  NEW    YORK    SCHOOL    LAW 

The  inspectors  should  report  the  result  of  the  vote  to  the  chair- 
man, who  should  announce  the  result  to  the  meeting,  and  the 
person  receiving  the  majority  of  all  votes  cast  is  duly  elected. 

In  cases  where  the  election  was  not  by  ballot,  the  Commis- 
sioner of  Education  has  held,  when  such  cases  were  duly  pre- 
sented to  him  upon  appeal,  that  such  elections  were  void  and  has 
ordered  that  new  elections  be  held  in  such  districts. 

The  ballots  used  in  school  district  elections  must  be  printed 
or  written,  or  partly  printed  and  partly  written,  and  must  con- 
tain the  name  of  the  person  voted  for  and  the  title  of  the  office. 
The  names  of  all  officers  to  be  elected  may  be  on  one  ballot,  as 

TRUSTEE 

John  Jones 

CLERK 

William  H.  Smith 

COLLECTOR 

George  Brown 

The  district  clerk  should  keep  a  poll-list  showing  the  names 

of  all  persons  whose  votes  are  received. 

Term  of  Office. —  The  term  of  office  of  a  sole  trustee  is  one 
year,  and  one  year  as  defined  by  the  school  law  means  from  August 
first  to  July  thirty-first  following.  The  full  term  of  a  joint  trustee 
is  three  years.  In  districts  having  three  trustees  these  officers  are 
called  joi)it  trustees.  The  term  of  office  of  trustees  chosen  at  the 
first  meeting  of  a  new  district  expires  on  the  thirty-first  day  of  July 
succeeding  the  date  of  such  meeting  and  the  date  of  the  annual 
meeting. 

Number  of  Trustees  in  a  Common-School  District  Determined. 
—  At  the  first  annual  meeting  held  after  the  formation  of  a  new 
district,  the  electors  of  such  district  shall  determine  by  resolution 
whether  such  district  shall  have  one  or  three  trustees.  A  major- 
ity of  those  present  and  voting  shall  decide  the  question.  If  the 
district  should  decide  to  elect  three  trustees,  the  electors  present 
at  the  meeting  should  proceed  to  elect  three  trustees  for  terms 
of  one,  two,  and  three  years,  respectively.  The  ballots  cast  for 
these  trustees  should  designate  for  which  term  each  is  elected. 
At  each  succeeding  annual  meeting  thereafter,  one  trustee  should 


COMMON-SCHOOL   DISTRICT    OFFICERS  // 

be  elected  for  three  years  to  succeed  the  trustee  whose  term  of 
office  will  expire  at  such  time.  Until  further  action  is  taken  by 
a  district  at  an  annual  meeting  its  decision  to  have  three  trustees 
or  one,  as  the  case  may  be,  shall  remain  in  force. 

Reduction  of  Number  of  Trustees. —  In  a  district  having-  three 
trustees,  the  electors  of  such  district  may.  at  any  annual  meeting, 
by  resolution,  decide  to  reduce  the  number  of  trustees  of  such 
district  from  three  to  one.  The  votes  of  a  majority  of  those 
voting  are  sufficient  to  adopt  such  resolution.  When  a  district 
decides  to  change  to  one  trustee,  no  trustee  should  be  elected  for 
such  district  until  the  term  of  office  of  each  trustee  has  expired, 
and  thereafter  at  each  annual  meeting  but  one  trustee  should  be 
elected,  until  different  action  is  taken  by  some  future  annual 
meeting. 

Increase  in  Number  of  Trustees. —  In  a  district  having  but 
one  trustee,  the  electors  may  at  any  annual  meeting,  by  resolu- 
tion, increase  the  number  of  trustees  for  such  district  from  one 
to  three.  The  vote  necessary  to  adopt  such  resolution  is  tzuo-thirds 
of  the  legal  voters  present  and  voting  at  such  annual  meeting. 
Upon  the  adoption  of  a  resolution  to  make  such  change  in  the 
number  of  trustees,  the  annual  meeting  should  proceed  to  elect 
three  trustees  in  the  same  manner  as  when  the  first  annual  meet- 
ing of  a  district  decides  to  elect  three  trustees,  and  as  described 
in  this  chapter.  Thereafter,  at  each  annual  meeting,  but  one 
trustee  should  be  elected  for  a  term  of  three  years  to  succeed  the 
trustee  whose  term  of  office  expires  at  that  time. 

Notification  of  Election. —  It  is  the  duty  of  the  district  clerk, 
or  of  the  person  who  acts  as  clerk  of  the  district  meeting,  to 
notify  in  writing  all  persons  elected  to  any  office  immediately 
after  such  election. 

Acceptance  and  Refusal  of  Office. —  The  presence  of  any  per- 
son at  a  district  meeting  which  elects  him  to  a  district  office  is 
deemed  sufficient  notice  to  him  of  his  election. 

All  persons  elected  to  district  offices  are  deemed  to  have  ac- 
cepted such  offices  unless  within  five  days  after  having  received 
notice  of  such  election  they  shall  file  with  the  district  clerk  a 
written  refusal  to  accept. 

Failure  to  Elect  Trustees  at  Annual  Meeting. —  If  an  annual 
meeting,  or  the  meeting  of  a  district  which  elects  its  officers  on 


^■8  NEW  YORK  SCHOOL  LAW 

the  Wednesday  following  the  annual  meeting,  should  be  held 
without  electing  trustees,  the  trustees  continue  in  office  until  their 
successors  have  been  elected  or  appointed. 

Resignation,—  i.  A  trustee  may  resign  to  a  district  meeting. 

2.  He  is  also  deemed  to  have  resigned  if  he  files  a  written 
resignation  with  the  district  superintendent  and  such  superin- 
tendent indorses  thereon  his  approval  and  files  the  same  with 
the  district  clerk. 

Vacancy  in  Office. —  The  office  of  trustee  may  be  vacated  by 
death,  by  removal  from  the  district,  by  incapacity,  by  refusal  to 
serve,  by  resignation  or  by  removal  from  office  by  the  Commis- 
sioner of  Education. 

A  trustee  who  publicly  declares  that  he  will  not  accept  or  serve 
in  the  office,  or  who  refuses  to  serve,  or  M^ho  neglects  to  attend 
three  successive  meetings  of  the  board  of  trustees  of  which  he 
has  been  duly  notified,  vacates  his  office  by  refusal  to  serve, 
unless  he  renders  a  good  and  valid  excuse  therefor  to  the  other 
trustee  or  trustees. 

Removal  from  Office. —  The  only  person  authorized  to  remove 
a  trustee  from  office  is  the  Commissioner  of  Education.  Such 
commissioner  may  remove  a  trustee  for  either  of  the  following 
causes: 

1.  The  wilful  violation  or  neglect  of  duty  under  the  education 
law  or  any  other  act  pertaining  to  common  schools. 

2.  The  wilful  disobedience  of  any  decision,  order,  or  regula- 
tion of  the  commissioner. 

All  proceedings  in  cases  of  this  kind  must  be  brought  before 
the  Commissioner  of  Education  by  petition  in  the  form  of 
appeals  asking  for  the  removal  of  the  trustee. 

Supplying  Vacancy. —  Whenever  a  vacancy  occurs  in  the 
office  of  trustee  it  may  be  filled  by  a  special  meeting  of  the 
school  district,  duly  called,  in  which  the  vacancy  exists.  If 
such  vacancy  is  not  filled  by  a  special  meeting  within  one  month 
from  the  date  on  which  it  occurred,  the  district  superintendent 
of  the  supervisory  district  in  which  the  school  district  is  located 
may  appoint  some  eligible  person  to  fill  such  vacancy.  The 
person  selected  by  a  district  meeting  to  fill  such  vacancy  may 


COMMON-SCHOOL   DISTRICT   OFFICERS  79 

serve  for  the  balance  of  the  unexpired  term,  but  when  appointed 
by  a  district  superintendent  such  trustee  may  serve  until  the 
date  of  the  next  annual  meeting  of  the  district. 

Filing  Appointment  —  Notice. —  Whenever  a  district  super- 
intendent appoints  a  trustee  to  hll  a  vacancy,  such  appointment 
must  be  in  writing  and  must  be  filed  by  the  superintendent  in 
the  office  of  the  district  clerk.  Upon  receipt  of  such  notice  of 
appointment  the  district  clerk  should  immediately  serve  a  copy 
upon  the  person  appointed. 

Penalty  for  Refusal  to  Serve  or  Neglect  of  Duty. —  Any  duly 
qualified  person  elected  or  appointed  to  the  ofhce  of  trustee,  who 
refuses  to  accept  the  office,  forfeits  the  sum  of  $5. 

Any  duly  qualified  person  elected  or  appointed  to  the  office  of 
trustee,  who  has  not  refused  to  accept  but  who  neglects  to  per- 
form the  duties  of  the  office,  forfeits  $io. 

Acceptance  of  Resignation. —  Whenever  the  trustee  of  any 
district  files  his  written  resignation  with  the  district  superin- 
tendent having  jurisdiction,  and  the  district  superintendent  files 
such  resignation  and  his  acceptance  thereof  with  the  district 
clerk,  the  filing  of  such  resignation  and  acceptance  is  a  bar  to 
the  recovery  of  either  penalty  mentioned  in  the  preceding  para- 
graph. Neither  can  the  penalty  be  recovered  if  such  resignation 
is  made  to,  and  accepted  by,  a  district  meeting. 

Board  of  Trustees. —  The  trustee  or  trustees  of  every  school 
district  are  constituted  a  board  of  trustees  and  are,  under  the 
law,  corporate  bodies.  This  applies  to  districts  having  one  or 
three  trustees,  whichever  the  case  may  be.  Whenever  the  term 
"  board  of  trustees  "  is  used  in  this  work  it  may  l)e  applied  to 
a  district  having  a  sole  trustee  as  well  as  to  those  having  more. 

Corporate  Bodies. —  As  boards  of  trustees  are  corporate  bodies 
under  the  law,  it  is  necessary  to  have  a  clear  idea  of  the  mean- 
ing of  that  term.  A  corporate  body  consists  of  one  or  more 
natural  persons,  established  by  law,  usually  for  some  specific 
purpose,  and  continued  by  a  succession  of  members.  (Bouvier's 
Law  Dictionary. 

Hold  Property  as  a  Corporation. —  Boards  of  trustees  may 
hold  as  a  corporation  any  property  vested  in  or  which  may  at 
any  time  be  transferred  to  the  trustee  or  trustees  of  a  district 
for  the  use  of  such  district. 


8o  NEW    YORK    SCHOOL   LAW 

Powers  of  Sole  Trustee. —  .\  boartl  consisting  of  a  sole  trus- 
tee has  all  the  powers  that  a  board  ot  three  trustees  possesses. 
It  is  also  subject  to  the  same  duties,  liabilities,  and  penalties  that 
are  conferred  or  imposed  by  law  upon  a  board  of  trustees  or  a 
majority  of  them. 

Action  of  Board,  How  Determined. —  As  the  trustees  of  a  dis- 
trict form  a  board,  any  business  transacted  by  them  must  be  at 
a  meeting  of  such  board,  duly  convened.  If  two  members  of 
a  board  of  three  trustees  attend  a  meeting  of  such  board  regu- 
larly called,  and  if  the  third  member,  having  been  notified,  fails 
to  attend,  any  act,  order,  or  decision  agreed  upon  by  such  two 
members  is  as  valid  or  binding  as  though  such  action  had  been 
agreed  upon  by  all  members  of  said  board.  If  all  three  members 
of  such  board  were  present,  and  any  two  members  thereof  should 
agree  upon  any  proposition  before  the  board,  the  action  taken 
would  be  valid  and  would  be  considered  the  action  of  the  board. 
The  minvttes  of  the  meeting  shall  recite  the  action  or  vote  of 
each  member,  and  such  minutes,  when  showing  that  two  mem- 
bers or  a  majority  reached  a  conclusion  upon  any  order,  act,  or 
motion,  are  proof  of  the  action  of  such  board. 

Meetings  of  Board. —  A  board  may  fix  a  time  at  which  it  will 
hold  regular  meetings,  and  any  member  of  a  board,  by  giving 
at  least  twenty-four  hours'  notice,  may  order  a  special  meeting 
of  such  board. 

Trustees  May  Act  When  Vacancies  Exist. —  When  there  is 
one  vacancy  in  the  office  of  trustee  in  a  district  having  three 
trustees,  the  remaining  two  trustees  may  exercise  any  powers 
vested  in  the  board  and  are  subject  to  all  the  duties  and  liabilities 
of  three  trustees.  If  two  vacancies  should  exist  on  such  board 
of  trustees,  the  remaining  member  would  be  subject  to  the  same 
duties  and  liabilities  and  could  exercise  the  same  powers  as  the 
three  members,  and  as  though  such  remaining  trustee  were  a 
sole  trustee. 

Special  Meeting  to  Fill  Vacancy. —  Whenever  a  vacancy  exists 
in  a  board  of  trustees,  the  remaining  trustees  should  immediately 
call  a  special  meeting  of  the  district  for  the  purpose  of  filling 
such  vacancy. 


REVIEW    QUESTIONS  8l 

REVIEW   QUESTIONS 

What  are  the  officers  of  a  common-school  district?  What  two  qualifi- 
cations must  a  person  possess  to  be  eligible  to  the  office  of  trustee?  What 
women  are  eligible  to  this  office?  What  offices  are  trustees  prohibited  from 
holding?  What  would  be  the  effect  if  a  trustee  should  accept  such  ofhce? 
When  are  trustees  elected?  How  must  such  officers  accept  such  office? 
How  must  such  officers  be  voted  for  at  school  meetings?  How  are  ballot- 
boxes  supplied?  How  are  inspectors  of  election  chosen?  Describe  the 
process  of  voting  for  a  trustee  at  a  district  meeting.  How  may  an  illegal 
election  be  set  aside  1"  What  kind  of  ballots  must  be  used?  Who  keeps  the 
poll-list  at  a  district  election? 

What  is  the  term  of  office  of  a  trustee?  What  is  one- year  m  this  mean- 
ing? What  is  the  term  of  a  joint  trustee?  What  is  meant  by  a  joint  trus- 
ted? How  is  the  number  of  trustees  for  a  district  determined?  Describe 
the  process  of  election  where  a  district  decides  to  elect  three  trustees?  At 
elections  thereafter,  how  many  trustees  are  elected  and  for  what  period? 
Describe  fully  how  a  district  having  three  trustees  may  change  to  one. 
From  one  to  three.  Who  should  notify  a  trustee  of  his  election?  How? 
What  is  considered  a  notice  of  election?  When  are  officers  deemed  to  have 
accepted? 

What  is  the  ruling  of  the  State  Department  in  relation  to  trustees  of  dis- 
tricts in  which  an  annual  election  did  not  occur?  In  what  ways  may  the 
office  of  trustee  become  vacated?  How  may  a  trustee  vacate  his  office  by 
refusal  to  serve?  Who  may  remove  a  trustee  from  office?  For  what  rea- 
sons? How  must  such  proceedings  be  brought?  How  may  a  vacancy  in 
the  office  of  trustee  be  filled  by  election?  By  appointment?  When  a 
vacancy  is  filled  by  election,  for  what  period  is  a  trustee  chosen  ?  For 
what  period  when  appointed?  How  is  the  appointment  by  a  district  super- 
intendent made?  Where  is  it  filed?  What  action  must  the  district  clerk 
take? 

What  is  the  penalty  lor  refusing  to  accept  me  office  of  trustee?  What 
is  the  penalty  in  cases  where  trustees  do  not  refuse  to  accept,  but  refuse 
or  neglect  to  perform  their  duties?  What  is  a  bar  to  recovery  of  penalty 
in  either  case?  Explain  the  application  of  the  term  "board  of  trustees." 
What  is  a  corporate  body?  What  power  have  boards  of  trustees  to  hold 
property?  What  power  have  sole  trustees?  Explain  fully  how  the  action 
of  a  board  is  determined.  What  should  the  minutes  of  meetings  of  a  board 
show?  When  are  regular  meetings  of  a  board  held?  When  may  special 
meetings  be  held?  In  case  of  a  vacancy  on  a  board  of  trustees,  what  powers 
do  the  remaining  trustees  possess?  In  case  of  two  vacancies,  what  power 
does  the  remaining  trustee  posssess?  When  a  vacancy  on  a  board  exists, 
what  action  should  be  immediately  taken  by  the  remaining  members? 


CHAPTER   X 
COMMON-SCHOOL  DISTRICT  OFFICERS — (Continued) 

TRUSTEES,  POWERS  AND  DUTIES 
[Article  lo] 

The  trustee  of  a  school  district  is  its  most  important  officer. 
He  is  the  executive  officer  of  the  district  and  has  the  general 
management  of  its  affairs.  He  should  execute  such  official  acts 
as  the  law  directs  and  should  carry  into  eft'ect  instructions 
received  at  a  district  meeting,  provided  they  do  not  conflict  with 
the  school  law  or  with  the  authority  vested  in  him  by  virtue  of 
such  law.  The  important  powers  and  duties  of  trustees  as 
defined  by  law  are  as  follows : 

Special  Meetings. —  To  call  special  meetings  when  circum- 
stances require  it. 

Notice  of  Meetings. —  When  there  is  no  clerk  of  the  district, 
or  when  the  clerk  is  absent,  is  unable  to  act,  or  refuses  to  act, 
the  trustees  may  give  notice  of  special,  annual,  or  adjourned 
meetings. 

Tax-Lists  and  Warrant  to  Collector. —  Whenever  a  district 
meeting  has  voted  a  tax,  or  whenever  a  tax  is  authorized  by  law, 
it  is  the  duty  of  the  trustees  to  make  out  a  tax-list  for  such  tax 
and  annex  thereto  their  warrant  directed  to  the  district  collector, 
for  the  collection  of  the  taxes  included  in  such  tax  list. 

To  Purchase  or  Lease  Schoolhouses,  Sites,  etc.—  When 
directed  by  a  district  meeting,  trustees  may  purchase  or  lease  a 
site  or  sites  for  school  buildings.  They  may  also,  when  directed 
by  the  district,  build  or  purchase  a  schoolhouse  or  schoolhouses. 
They   may   also  hire   rooms   or   Iniildings   for   school   purposes. 

Fuel  and  Furniture. —  Trustees  should  also  furnish  school- 
houses,  rooms,  or  school  buildings  with  necessary  fuel,  furniture, 
school  apparatus,  heating  apparatus,  and  appendages;  and  they 
may  pay  the  expense  thereof  when  such  expense  is  not  more 
than  $50  in  any  one  year,  without  a  vote  of  the  district.  The 
district  may  vote  an  additional  amount  for  this  purpose. 

Custody  of  Property. —  Trustees  are  the  custodians  of  the  prop- 
erty belonging  to  the  district;  such  as  schoolhouses,  sites,  and 
appurtenances  thereto. 

82 


COMMON-SCHOOL   DISTRICT    OFFICERS  83 

Insurance  of  School  Property. —  To  insure  the  school  build- 
ings, furniture,  apparatus,  etc.,  in  some  company  created  under 
the  laws  of  this  State,  or  authorized  to  do  business  in  this  State 
and  to  raise  tlie  premium  to  pay  for  such  insurance  by  a  tax 
upon  the  district. 

Insurance  of  Library. —  It  is  also  the  duty  of  trustees  to  insure 
the  school  library  in  such  a  company  in  an  amount  fixed  by  the 
district  and  to  raise  the  premium  by  a  district  tax. 

Employment  of  Teachers. —  It  is  the  duty  of  trustees  to  con- 
tract with  all  teachers  employed  in  the  district;  to  determine  the 
number  of  teachers  to  be  employed ;  and  to  determine  their  com- 
pensation, term  of  service,  etc.  A  district  meeting  cannot  by 
resolution  restrict  the  power  of  a  trustee  in  this  respect.  A 
trustee  cannot  legally  employ  a  teacher  who  is  not  qualified  under 
the  law. 

Removal  of  Teachers —  For  reasons  approved  by  the  Com- 
missioner of  Education  the  trustees  of  a  district  may  dismiss 
a  teacher. 

Rules  and  Course  of  Study. —  It  is  the  duty  of  trustees  to 
establish  courses  of  study,  and  rules  for  the  government  and 
discipline  of  the  school.  This  must  not  be  interpreted  as  mean- 
ing that  trustees  have  the  power  to  prescribe  the  method  of 
imparting  instruction,  as  this  is  a  right  vested  solely  in  the 
teacher. 
Trustees  are  also  rec^uired  to  make  provision  for  teaching  the 
effects  of  alcohoHc  drinks,  stimulants,  and  narcotics  upon  the 
human  system. 

Payment  of  Teachers'  Salaries. —  Trustees  may  draw  orders 
upon  the  supervisor  of  the  town  or  upon  the  collector  or  treas- 
urer of  the  district  for  the  payment  of  teachers'  salaries  from 
tlie  jniblic  money  received  from  the  State  for  that  purpose.  When 
this  money  is  insufiicient,  trustees  may  raise  the  remainder  by  a 
tax  upon  the  district. 

May  Levy  in  Advance  for  Teachers'  Salaries. —  When  there 
is  no  public  money  due  a  district  or  in  the  hands  of  district 
officers,  and  when  no  money  has  been  raised  by  local  taxation  for 
the  payment  of  teachers'  salaries,  and  when  a  district  meeting  has 
not  voted  a  tax  therefor,  the  trustees  may  levy  and  collect,  in 
advance,  a  tax  sufficient  to  pay  the  salary  of  the  teachers  em- 
ployed for  the  then  current  school  year. 


84  NEW    YORK    SCHOOL    LAW 

To  Provide  Toilets,  etc. —  It  is  the  duty  of  a  board  of  trustees 
lo  provide  suitable  toilets  for  the  district  in  the  manner  required  by 
law,  and  it  must  keep  them  in  a  clean  and  wholesome  condition.  A 
failure  to  do  this  is  sufficient  cause  to  remove  a  trustee  from  office 
and  to  withhold  from  the  district  its  share  of  public  money.  When 
a  district  is  unprovided  with  suitable  toilets,  trustees,  upon  direc- 
tion from  the  district  superintendent  having  jurisdiction,  or  from 
the  Commissioner  of  Education,  must  install  the  same. 

Repairs  to  Schoolhouses,  Staircases,  etc. —  It  is  the  duty  of 
trustees  to  keep  all  school  buildings,  furniture,  and  apparatus  in 
proper  repair  and  to  make  them  reasonably  comfortable  for  use. 
They  may  expend  each  year  for  this  purpose,  without  a  vote  of 
the  district,  an  amount  not  to  exceed  $50. 

Trustees  are  also  required  by  law  in  all  districts  throughout  the 
State,  except  the  city  of  New  York,  to  provide  stairways  con- 
structed on  the  outside  of  all  school  buildings  that  are  more  than 
two  stories  high,  with  suitable  doors  connecting  therewith  from 
each  story  above  the  first.  Trustees  are  directed  to  provide  these 
stairways,  without  a  vote  of  the  district,  at  a  reasonable  cost,  which 
shall  be  raised  by  tax  as  other  taxes  upon  the  district  are  raised. 

May  Abate  Nuisances. —  When  they  are  so  directed  by  the 
district  superintendent,  it  is  the  duty  of  trustees  to  abate  any 
nuisance  In  or  upon  the  school  premises. 

Clean  Rooms  —  Employ  Janitors,  etc. —  Trustees  should  see 
that  the  schoolroom  is  always  reasonably  clean,  and  should  pro- 
vide pails,  brooms,  and  other  implements  necessary  for  such 
purpose.  It  is  also  the  duty  of  trustees  to  employ  a  janitor  to 
build  fires,  sweep  and  otherwise  clean  the  school-rooms,  and  to 
do  the  janitor  work  generally  in  and  about  the  schoolhouse. 
They  may  pay  a  reasonable  compensation  for  such  services  with- 
out a  vote  of  the  district,  and  may  raise  such  money  by  tax  in 
the  same  manner  as  other  district  taxes  are  raised. 

Purchase  of  School  Apparatus,  Account  Books,  etc. —  The 
trustees  of  a  district  may  expend,  without  a  vote  of  the  district, 
for  a  dictionary,  maps,  globes,  or  other  school  apparatus,  a  sum 
not  to  exceed  $25  in  any  one  year.  They  may  also  provide 
blank-books  in  which  to  record  their  accounts  and  in  which  to 
make  a  record  of  all  business  transactions  of  the  district. 


COMMON-SCHOOL   DISTRICT    OFFICERS  85 

Trustees    May    Establish    Temporary    or    Branch    Schools. — 

AVhenever  it  is  estaljlished  to  the  satisfaction  of  the  trustees  of 
a  district  that  it  is  necessary  to  form  a  branch  school  in  the  dis- 
trict for  the  purpose  of  ])lacing-  within  the  reach  of  a  portion 
of  the  cliildren  of  sucli  district  the  school  advantages  to  which 
all  children  are  entitled,  said  trustees  must  establish  such  tempo- 
rary or  branch  school.  If  a  portion  of  a  district  is  so  remote 
from  the  schoolhouse  that  the  children  of  such  locality  are  tni- 
al)le  in  inclement  or  winter  weather  to  attend  the  regular  school, 
without  suffering"  unreasonable  inconvenience  or  hardship,  it 
has  been  held  by  the  Commissioner  of  Education  that  such  a 
state  of  affairs  is  sufficient  ground  for  creating  a  branch  school. 
Or  if  the  rooms  of  the  school  building  are  overcrowded  and 
insufficient  for  the  accommodation  of  all  children  of  school  age, 
it  is  a  proper  reason  for  establishing-  a  temporary  school. 

The  trustees,  under  either  of  the  above  conditions,  must  hire 
and  furnish  suitable  rooms  in  which  to  maintain  such  branch 
school,  with  proper  accommodations,  and  all  expenses  incurred 
are  a  charge  upon  the  district.  This  power  to  establish  a  tem- 
porary or  branch  school  is  vested  in  the  trustees  without  a  vote 
of  the  district ;  but  in  exercising  this  power  they  must  use  proper 
discretion  and  be  warranted  under  the  circumstances  to  establish 
such  school. 

May  Raise  any  Legal  Tax. —  When  authorized  by  law  or  wdien 
directed  by  a  vote  of  the  district  meeting  to  incur  any  expense 
for  the  district,  trustees  have  the  power  and  it  is  their  duty  to 
raise  any  such  amount  by  tax  in  the  same  manner  as  if  a  specific 
sum  had  been  voted  by  a  district  meeting. 

Use  of  School  Building. —  The  trustees  of  a  district  may  per- 
mit the  use  of  the  school  building,  when  it  is  not  in  use  for  school 
purposes,  for  the  purpose  of  giving  and  receiving  instruction  in 
any  branch  of  education,  learning  and  the  arts,  and  for  any  other 
purpose  specifically  provided  in  section  455  of  the  Education  Law. 
(See  discussion  post,  p.  145.) 

The  use  of  the  school  buildings  for  religious  or  other  purposes 
is  a  different  proposition.  In  cases  of  this  kind  it  has  been  a 
ruling  of  the  State  Department,  to  which  all  State  Superintend- 
ents and  the  Commissioner  of  Education  have  adhered,  that, 
w^here  no  objection  is  raised,  the  schoolhouse  may,  in  the  discre- 


86  NEW    YORK    SCHOOL   LAW 

tion  of  the  trustee  or  trustees,  be  used  for  such  purposes ;  but 
when  any  of  the  taxable  inhabitants  of  a  district  object  to  the 
using  of  the  schoolhouse  for  religious  services,  Sunday-school, 
lodge  or  society  meetings,  etc.,  the  trustee  or  trustees  have  not 
the  authority  to  permit  the  schoolhouse  to  be  used  for  such  pur- 
poses. Where  a  schoolhouse  is  given  for  such  use,  upon  appeal 
in  due  form  to  the  Commissioner  of  Education,  the  trustees  of 
such  district  will  be  restrained  from  permitting  the  schoolhouse 
to  be  used  for  such  purposes. 

Trustees  Shall  Keep  Accounts. —  Trustees  are  directed  by  law 
to  procure  a  blank-book  in  which  they  shall  keep  a  correct 
account  of  all  moneys  received  or  disbursed  by  them,  and  of  all 
orders  drawn  upon  the  supervisor,  collector,  or  treasurer. 

Trustees  Must  Make  Annual  Reports  to  District. —  Trustees 
are'  required  by  law  to  make  a  written  report  to  the  annual 
meeting  of  the  district.  This  report  must  cover  all  official  busi- 
ness transacted  by  them  during  the  year.  It  must  show  the 
amount  of  money  the  district  received  from  the  State,  the  amount 
of  money  raised  by  tax  upon  the  district,  and  the  amount  re- 
ceived from  all  other  sources.  It  must  also  contain  a  detailed 
statement  of  all  money  paid  out,  to  whom  paid,  and  the  purposes 
for  which  it  was  paid. 

Trustees  Must  Make  Annual  Report  to  District  Superin- 
tendent.—  Trustees  are  required  by  law  to  make  an  annual  report 
on  the  first  day  of  August  to  the  district  superintendent  in  writ- 
ing, and  in  the  form  prescribed  by  the  Commissioner  of  Educa- 
tion. Blanks  are  provided  for  this  purpose  and  the  report  must 
include  such  general  statistics  as  the  Commissioner  of  Education 
requires.  If  the  district  is  a  joint  district,  trustees  must  make  a 
report  for  each  of  the  counties  in  which  the  district  is  located. 
This  report  must  be  filed  with  the  town  clerk  of  the  town  in 
which  the  schoolhouse  is  located. 

Trustees  Must  Pay  Balance  to  Their  Successors. —  A  trustee 
should  pay  immediately,  upon  the  expiration  of  his  term  of  office, 
to  his  successor,  all  moneys  in  his  hands  belonging  to  the  district. 

Refusal  of  Trustees  to  Render  Account. —  Any  trustee  who 
shall  willfully  neglect  or  refuse  to  make  an  annual  accounting 
forfeits  any  unexpired  part  of  his  term  of  office  and  becomes 
liable  to  the  trustees  of  the  district  for  any  money  of  the  district 
in  his  possession.     It  is  the  duty  of  the  trustees  to   sue  such 


REVIEW    QUESTIONS  8/ 

former  trustee  for  such  moneys,  and  when  it  is  recovered  to 
apply  it  for  the  use  of  the  district. 

Certain  Acts  of  Trustees  Misdemeanors. —  Any  trustee  or  trus- 
tees who  shall  give  an  order  upon  the  supervisor  of  their  town, 
or  the  collector  or  treasurer  of  their  district,  for  payment  of 
teachers'  salaries  when  there  is  not  sufficient  money  applicable 
thereto  in  the  hands  of  such  officers  is  guilty  of  a  misdemeanor. 

A  trustee  who  appropriates  public  money  for  the  payment  of 
the  salary  of  a  teacher  who  is  not  legally  qualified  is  also  guilty 
of  a  misdemeanor. 

Moneys  a  Trustee  May  Receive. —  A  trustee  has  no  authority 
to  receive  or  hold  any  of  the  public  money  apportioned  to  his 
district  by  the  State,  nor  to  receive  or  hold  any  of  the  money 
raised  by  local  tax  upon  the  district.  This  money  must  be  re- 
ceived and  held  by  the  officers  designated  by  law  for  that  pur- 
pose, and  paid  by  them  upon  the  orders  of  the  trustees.  A 
trustee  may  receive  money  from  the  sale  of  real  or  personal 
property  of  the  district,  from  insurance  due  the  district,  from 
bonds  of  the  district  issued  and  sold  by  him,  from  tuition  fees, 
and  from  other  sources.  When  a  district  has  a  treasurer  who 
has  given  sufficient  bond,  all  such  moneys  received  by  the  trustee 
should  be  immediately  paid  over  to  the  treasurer. 

Liabilities  of  Trustees. —  Trustees  are  responsible  to  their  dis- 
tricts for  any  loss  which  the  district  sustains  through  their  care- 
lessness or  neglect. 

Interest  in  Contracts  Prohibited. —  A  trustee  must  not  be 
personally  interested  in  any  contract  which  he  makes  in  behalf  of 
the  district. 

REVIEW   QUESTIONS 

Who  is  the  most  important  officer  of  a  school  district?  Whj^?  What 
acts  should  he  execute?  What  Is  his  duty  in  relation  to  special  meetings? 
When  may  trustees  give  notice  of  school-district  meetings?  What  is  the 
duty  of  the  trustees  in  relation  to  tax  lists  and  warrants  to  collectors? 
When  may  trustees  purchase  or  lease  a  site?  When  may  they  purchase 
or  build  a  school-house?  What  amount  may  they  expend  for  fuel,  heating 
apparatus,  school  apparatus,  furniture,  etc.,  without  a  vote  of  the  district? 
Who  is  the  custodian  of  school  property?  What  is  the  duty  of  trustees 
in  relation  to  insuring  property?  What  is  the  duty  of  trustees  in  regard 
to  insuring  libraries?  What  is  the  duty  of  trustees  in  relation  to  employing 
teachers?     When    may    a    trustee    remove    a    teacher?     Who    may    establish 


88  NEW    YORK    SCHOOL    LAW 

rules  for  the  discipline  and  government  of  a  school?  Who  can  determine 
how  such  rules  shall  be  enforced?  Whose  duty  is  it  to  provide  courses  of 
study  for  schools?  By  what  orders  may  trustees  pay  teachers?  When  may 
trustees  levy  a  tax  in  advance  for  teachers'  salaries?  For  what  period  in 
advance  may  tlie  salary  of  teachers  be  raised  by  tax'-"  Alay  a  trustee  ranr 
such  money  without  a  Aote  of  the  district? 

What  is  the  duty  of  trustees  in  relation  lo  the  erection  and  care  of  waters 
closets?  What  is  the  penalty  for  a  failure  or  refusal  to  comply  with  this 
provision?  What  amount  may  be  expended  by  trustees  in  erecting  such 
buildings?  Who  should  keep  school  buildings  in  repair?  What  amount 
may  be  expended  without  vote  of  the  district?  Wiiat  is  the  requirement 
in  relation  to  staircases  for  school  buildings?  When  should  trustees  abate 
nuisances?  What  is  the  duty  of  trustees  in  relation  to  cleaning  rooms  and 
employing  janitors?  What  amount  may  trustees  expend  for  a  dictionary, 
maps,  globes,  or  other  school  apparatus?  When  may  trustees  establish 
temporary  or  branch  schools?  For  what  purposes  may  trustees  permit  the 
use  of  school  buildings?  What  is  the  rule  relative  to  the  use  of  school 
buildings  for  religious  or  similar  purposes? 

What  record  of  accounts  must  trustees  iceep?  To  whom  must  trustees 
make  reports?  What  must  these  reports  show?  With  whom  must  the 
report  to  a  district  superintendent  be  filed?  What  should  trustees  do  with 
district  funds  in  their  possession  upon  the  expiration  of  their  term  of  office? 
What  is  the  penalty  for  a  refusal  of  a  trustee  to  render  an  account  as 
required  by  law?  What  acts  of  trustees  are  misdemeanors?  What  moneys 
has  a  trustee  no  right  to  receive?  What  money  may  a  trustee  receive? 
What  should  he  do  with  such  money?  For  what  are  trustees  responsible  to 
their  district?     What  prohibition  does  the  law  make  as  to  contracts? 


CHAPTER  XI 
COMMON-SCHOOL   DISTRICT   OFFICERS — {Continued) 

CLERK,    COLLECTOR,    TREASURER,     LIBRARIAN 

General  Provisions 
[Articles  8  and  9]  . 

Eligibility. —  To  be  eligible  to  hold  the  office  of  clerk,  collector, 
or  treasurer  of  any  common-school  district  a  person  must  be  a 
resident  of  the  district  and  qualified  to  vote  at  its  meetings  and 
must  also  be  al)le  to  read  and  write.  Women  possessing  the 
above  qualifications  are  eligible  to  these  offices  the  same  as  men. 
These  officers  are  prohibited  from  holding  the  office  oi  trustee. 
If  a  person  holding  one  of  the  above  offices  should  accept  the 
office  of  trustee,  he  would  vacate  the  office  held  at  the  time  he 
accepted  the  office  of  trustee. 

Term  of  Office. —  The  term  of  office  of  clerk,  collector,  or 
treasurer  is  one  year,  and  in  a  new  district  the  term  of  office  of 
these  officers  elected  at  the  first  meeting-  expires  on  the  thirty- 
first  day  of  July  succeeding  the  date  of  such  meeting  and  the  date 
of  the  annual  meeting. 

Election. —  These  officers  must  be  elected  1)}'  ballot  at  the 
annual  meeting  in  the  same  manner  that  trustees  arc  elected,  and 
that  is  described  full}-  in  the  chapter  on  trustees  mider  the  head- 
ing "  Election." 

Notice  of  Election. —  If  any  person  elected  to  the  office  of 
clerk,  collector,  or  treasurer  should  be  present  at  the  meeting  at 
^\hich  such  election  occurred,  his  presence  at  such  meeting  is 
cnsidered  sufficicMit  notice  of  his  election.  The  clerk  of  the  dis- 
trict, or  the  person  acting  as  clerk,  should  immediately  notify  in 
\vriting  the  persons  elected  to  these  offices,  of  their  election,  and 
unless  a  written  refusal  to  serve  is  filed  by  such  persons  within 
five  days  from  the  date  on  which  they  received  notice  of  such 
election,  they  are  deemed  to  have  accepted  the  office  to  which 
they  were  elected. 

89 


90  NEW    YOKK    SCHOOL   LAW 

Penalty  for  Refusing  to  Serve. —  Any  qualified  person  elected 
or  appointed  to  the  office  of  clerk,  collector,  or  treasurer,  who 
files  a  refusal  to  serve,  forfeits  $5 ;  and  any  such  person  elected 
or  appointed  to  any  such  offices,  who  does  not  file  a  refusal  to 
serve,  but  who  neglects  or  refuses  to  perform  the  duties  of  the 
office  to  which  he  was  chosen,  forfeits  $10  and  vacates  the  office. 

Bar  to  Recovery  of  Penalty. —  Whenever  a  person  elected  to 
the  office  of  clerk,  collector,  or  treasurer  shall  file  with  the  dis- 
trict superintendent  having  jurisdiction  his  resignation  of  such 
office  and  the  district  superintendent  shall  accept  it  and  shall  file 
such  resignation  and  his  acceptance  thereof  with  the  district 
clerk,  such  action  is  a  bar  to  the  recovery  of  any  penalty  for 
refusal  to  serve. 

Vacancies. —  i.  A  collector  or  treasurer  vacates  his  office  by 
not  executing,  as  required  by  law,  a  bond  to  the  trustees,  and 
where  these  offices  become  vacant  for  this  or  any  other  cause, 
or  where  there  is  a  vacancy  in  the  office  of  district  clerk,  such 
vacancies  may  be  supplied  by  appointment  by  the  trustees  of  the 
district.  The  persons  appointed  to  fill  these  vacancies  may  serve 
in  such  offices  until  the  next  annual  meeting  of  the  district  and 
until  other  officers  are  elected  and  assume  their  duties. 

2.  Such  officers  may  resign  at  a  district  meeting.  They  may 
also  file  a  resignation  with  the  district  superintendent.  If  such 
officer  approves  the  same  in  writing  and  files  the  resignation  and 
his  approval  with  the  district  clerk  the  officer  is  deemed  to  have 
resigned. 

Filing  and  Notice  of  Appointment. —  Whenever  an  appoint- 
ment to  fill  a  vacancy  in  the  office  of  the  clerk,  collector,  or  treas- 
urer is  made  by  the  trustees  of  a  district,  such  trustees  should 
immediately  file  such  appointment  with  the  district  clerk,  who 
should  immediately  notify  the  person  appointed  of  his  appoint- 
ment. 

Removal  from  Office. —  For  sufficient  reasons  the  Commis- 
sioner of  Education  may  remove  a  clerk,  collector,  or  treasurer 
from  office.  The  proceedings  are  the  same  as  in  the  removal  of  a 
trustee. 

CLERK 

Duties. —  I.  The  clerk  should  keep  a  correct  record  of  the 
proceedings  of  all  district  meetings,  and  record  in  a  book  pro- 


COMMON-SCHOOL   DISTRICT    OFFICERS  9I 

vided  for  that  purpose  by  the  district  a  copy  of  all  reports  of  the 
trustees  to  the  district  superintendent. 

2.  He  should  give  notice  as  recjuired  by  law  of  all  special 
meetings  called  by  the  trustee,  and  give  notice  also  of  the  annual 
meeting.  When  the  office  of  trustee  is  vacant,  it  is  the  duty  of 
the  clerk  to  call  special  meetings.  He  should  also  g'nc  notice  of 
adjourned  meetings  as  required  by  law. 

3.  He  should  immediately,  upon  the  election  or  appointiuent 
of  any  district  officer,  notify  such  officer  of  his  election  or  ap- 
pointment, and  should  also  report  the  names  and  addresses  of 
such  officers  to  the  town  clerk  of  the  town  in  which  the  school- 
house  of  the  district  for  which  such  officers  are  chosen,  is  located. 
For  a  failure  to  file  such  notice,  a  penalty  of  $5  may  be  imposed 
for  each  and  every  such  neglect. 

4.  He  should  notify  trustees  of  every  resignation  filed  by  the 
district  superintendent. 

5.  He  is  required  to  preserve  all  records,  books,  and  papers 
l)elonging  to  his  office  and  to  deliver  them  to  his  successor  in 
office.  For  a  refusal  or  neglect  to  do  this  he  is  subject  to  a  fine 
of  $50  for  the  benefit  of  the  district,  which  fine  is  to  be  recovered 
by  the  trustee. 

6.  Whenever  a  school  district  is  dissolved  he  should  deposit 
the  records,  books,  and  papers  of  such  district  in  the  town  clerk's 
office,  as  required  by  the  order  of  the  district  superintendent. 

7.  When  required  to  do  so  by  the  board  of  trustees,  he  should 
attend  their  meetings  and  keep  a  record  of  the  proceedings  of 
such  meetings  in  a  book  provided  for  that  purpose. 

8.  He  is  also  required  by  law  to  keep  all  books  and  papers  of 
the  district  that  are  in  his  possession  open  to  the  inspection  at  all 
reasonable  hours  of  any  qualified  voter  in  the  district,  and  to 
permit  such  voter  to  make  copies  of  any  such  papers  or  records. 

9.  He  is  required  to  notify  the  covmty  treasurer  of  the  name 
and  address  of  the  persons  elected  as  district  treasurer  and 
collector. 

COLLECTOR 

Bond. —  Before  receiving  a  warrant  for  the  collection  of  taxes, 
a  collector  should  execute  and  deliver  to  the  trustees  a  bond 
with  one  or  more  sureties  and  in  a  sum  fixed  by  the  district,  or 
when  the  district  fails  to  fix  an  amount,  in  such  sum  as  the  trus- 


9^  NliVV    YORK    SCHOOL    LAW 

tees  shall  name.  The  trustees  upon  approving  such  bond  should 
file  it  with  the  town  clerk  of  the  town  in  which  the  district  is 
located. 

*  Duties. —  It  is  the  duty  of  the  collector  to  collect  the  taxes 
included  in  any  tax-list  for  the  district  when  directed  to  do  so 
in  the  warrant  of  the  trustees  of  the  district ;  if  the  district  has 
a  qualified  treasurer,  to  pay  the  taxes  collected  to  such  treasurer, 
and  if  the  district  has  no  treasurer,  to  disburse  the  money  col- 
lected upon  the  order  of  the  trustee  of  the  district. 

The  trustee  of  any  district  which  has  not  a  treasurer  may 
direct  that  the  collector  of  such  district  shall  disburse  the  school 
moneys  apportioned  to  the  district  b}-  the  State  for  the  payment 
of  teachers. 

After  a  collector  executes  a  bond  to  the  trustees',  Avith  two  ^^r 
more  sureties  approved  by  them  for  double  the  amount  of  the 
sum  last  apportioned  to  the  district,  such  collector  may  receive 
I'rom  the  supervisor  of  the  town  the  moneys  in  his  hands  belong- 
ing- to  the  district  and  applicable  to  the  payment  of  the  salaries 
of  teachers.  The  collector  should  then  disburse  such  money 
upon  the  order  of  the  trustees.  The  bond  should  be  approyed  by 
the  trustees  and  filed  in  the  office  of  the  town  clerk. 

Penalty  for  Neglect  of  Duty. —  A  collector  is  responsible  to 
the  district  for  any  loss  it  meets  through  his  negligence  in  failing 
to  collect  any  tax  A\hich  might  have  l:)een  collected  within  the 
limit  prescribed  by  the  warrant. 

Fee.— A  collector  is  entitled  to  a  fee  of  one  per  cent  on  all 
moneys  voluntarily  paid  tcj  him  within  thirty  days  from  the  date 
on  which  he  gives  notice  that  a  tax-list  has  been  issued,  and  on 
all  moneys  paid  after  that  time  he  is  entitled  to  five  per  cent. 
(See  section  426.) 


*  The  warrant  of  trustees,  return  of  collector,  and  all  matters  pertaining 
to  tlie  collection  of  taxes  is  treated  fully  in  the  chapter  on  "School-District 
Taxes." 


COMMOX-SCllOOL    DISTRICT    OFFICERS  93 


TREASURER 

Determination  of  District  to  Elect  Treasurer. —  The  qualified 
voters  of  a  district  may  decide  by  a  majority  vote  at  any  annual 
meeting,  or  at  a  special  meeting-  called  for  that  purpose,  to  elect 
a  treasurer  of  the  district.  Upon  such  determination,  the  district 
meeting  may  proceed  to  elect  by  ballot  a  treasurer,  who  mav  hold 
such  ofifice  until  the  next  annual  meeting  or  until  a  successor  is 
chosen  and  has  qualified. 

Treasurer's  Bond. —  \\'ithin  ten  days  after  his  notice  of  elec- 
tion, the  treasurer  should  execute  and  deliver  to  the  trustees  of 
the  district  a  bond  in  the  sum  fixed  by  the  annual  meeting  or 
such  sum  as  the  trustees  require,  which  should  be  at  least  doulile 
the  amount  of  money  such  treasurer  will  receive,  with  at  least 
two  sureties  approved  by  the  trustees.  When  the  bond  is  projv 
erly  executed  and  approved  by  the  trustees  in  writing,  it  should 
be  filed  with  the  district  clerk. 

Whenever  a  treasurer  is  required  to  furni.^h  a  bond  in  the 
penalty  of  double  the  amount  of  moneys  apportioned  or  to  be 
received,  and  such  treasurer  furnishes  the  bond  of  a  surety  or 
bonding  company  authorized  by  law  to  transact  business  in  the 
State  and  to  execute  such  bond,  the  penalty  thereof  may  be  fixed 
at  the  amount  of  moneys  so  apportioned  or  to  be  received,  in  lieu 
of  the  double  penalty  prescribed. 

Duties  of  Treasurer. —  The  treasurer  is  the  custodian  of  all 
moneys  belonging  to  the  district. 

After  the  treasurer  has  qualified  by  executing  his  bond,  ihe 
trustees  should  pay  to  such  treasurer  all  moneys  of  the  district 
in  their  possession  derived  from  any  source  whatever. 

The  collector  of  the  district  should  pay  over  to  the  treasurer 
all  moneys  collected  by  him  under  any  tax-list  and  \\arrant 
issued  Ijy  the  trustees. 

The  treasurer  is  also  authorized  to  receive  and  has  power  to 
demand  and  receive  from  the  supervisor  of  the  town  in  which 
his  school  district  is  located,  all  money  in  such  supervisor's  hands 
and  belonging  to  such  district. 

The  treasurer  is  to  disburse  the  money  held  by  him  and  belong- 
ing to  the  district,  upon  the  order  of  the  trustees  of  the  district. 

The  treasurer  must  also  report  to  the  trustees,  when  they  re- 
quire it,  the  condition  of  the  treasury,  and  must  also  make  a 
detailed  report  at  the  annual  meeting  covering  all  business  trans- 
acted by  him  for  the  district  during  the  year. 


94  NEW    YORK    SCHOOL   LAW 

LIBRARIAN 

The   subject  of  librarian   is   treated   fully  in   the   chapter   on 
"  School  District  Libraries." 

REVIEW  QUESTION'S 
Who  is  eligible  to  the  office  of  district  clerk?  Collector?  Treasurer? 
Are  women  eligible  to  these  offices?  What  office  are  these  officers  pro- 
hibited from  holding?  What  would  be  the  effect  if  a  person  holding  one 
of  these  offices  should  accept  the  office  of  trustee?  What  is  the  term  of 
office  of  each  of  these  officers?  What  is  the  term  when  elected  at  the  first 
meeting  of  a  new  district?  When  are  these  officers  elected?  How  must 
these  officers  be  elected?  Who  should  notify  these  officers  of  their  election? 
What  will  be  considered  a  notice  of  election? 

What  must  these  officers  do  if  they  do  not  desire  to  accept?  What  is 
the  penalty  for  refusing  to  serve  in  either  of  these  offices?  What  is  the 
penalty  for  neglecting  or  refusing  to  serve  in  either  of  those  offices  without 
filing  a  refusal  to  serve?  What  is  a  bar  to  the  recovery  of  a  penalty  in 
either  of  these  cases?  What  is  the  result  of  a  failure  of  the  collector  or 
treasurer  to  execute  a  bond  as  required  by  law?  How  may  a  vacancy  in 
the  office  of  district  clerk,  collector,  or  treasurer  be  filled?  For  how  long 
does  a  person  appointed  to  fill  a  vacancy  in  any  of  these  offices  serve? 
When  an  appointment  is  made  by  a  trustee,  what  should  be  done  with  such 
appointment?  How  may  these  officers  be  removed  from  office?  What  is 
the  duty  of  a  district  clerk  in  relation  to  proceedings  of  district  meetings? 
In  relation  to  notice  of  meetings?  Notification  of  election  or  appointment 
of  officers?  Reporting  list  of  officers  to  district  superintendent?  What 
is  the  penalty  for  a  failure  to  file  such  report?  Whom  should  he  notify 
of  the  resignation  of  school-district  officers?  What  is  his  duty  in  relation 
to  the  books,  papers,  and  records  of  the  district?  What  is  the  penalty  for 
a  failure  to  do  this?  What  is  his  duty  in  relation  to  the  records  of  dis- 
solved districts?  In  relation  to  proceedings  of  meetings  of  the  board  of 
trustees?     In  relation  to  inspection  of  district  records? 

What  must  the  collector  do  before  he  can  enter  upon  the  discharge  of  his 
duties?  How  many  sureties  must  be  given  to  his  bond?  In  what  amount? 
Who  should  approve  such  bond?  Where  should  it  be  filed?  What  is  the 
collector's  duty  in  relation  to  taxes?  What  should  a  collector  do  with 
the  money  collected?  What  district  may  direct  that  the  collector  shall 
disburse   the   school   money   received    from    the    State    for   teachers'   wages? 


RENIKW    QUESTIOXS  95 

When  may  a  collector  receive  from  a  supervisor  the  money  due  his  district? 
For  what  is  a  collector  responsible  to  the  district?  To  what  fee  is  he 
entitled?  How  may  a  district  determine  to  have  a  treasurer?  What  bond 
must  a  treasurer  give?  In  what  amount?  What  is  done  with  such  bond? 
What  is  the  general  duty  of  this  officer?  From  what  three  sources  may 
he  receive  money  for  the  district?  How  should  he  disburse  the  money  of 
the  district?     What  reports  must  he  make? 


CHAPTER  XII 

UNION    FREE-SCHOOF.    DISTRICT    OFFICERS 
[Articles  9,  10  and   1 1] 

Board  of  Education  —  Number. —  Hie  numl^er  of  members  on 
a  board  of  education  in  each  nnion  free-school  district  cannot  be 
less  than  three,  nor  more  than  nine.  The  voters  of  the  district  at 
the  meeting  at  which  the  first  election  occnrs  should  decide  on 
the  number  to  be  elected. 

Date  of  Election. —  The  election  of  members  of  a  board  of 
education  in  a  union  free-school  district  whose  limits  do  not  cor- 
respond with  the  limits  of  an  incorporated  ^•illag"e  must  be  held 
on  one  of  three  dates,  as  follows : 

1.  At  the  annual  meeting  on  the  first  Tuesda}'  in  May. 

2.  At  the  annual  meeting  on  the  first  Tuesday  in  August  in 
cases  where  the  date  of  such  annual  meeting  has  been  dulv 
changed  as  hereinl:)efore  explained. 

3.  On  the  Wednesday  following  the  date  of  the  annual  meet- 
ing in  districts  having  more  than  300  school  children  where 
action  has  been  taken  at  the  ann^ial  meeting  fixing  such  date  for 
the  election  as  hereinafter  explained. 

The  election  of  trustees  in  a  union  free-school  district  zcJiosc 
boundaries  do  coincide  zvith  those  of  an  incorporated  village  must 
occur  on  the  date  of  the  annual  charter  election  of  such  incor- 
porated village.  The  trustees  in  these  districts  should  be  elected 
in  the  same  manner  as  the  other  officers  of  such  incorporated 
village  are  elected.  The  ballots  used  in  such  election  must  be 
separated  from  the  ballots  for  the  other  officers  to  be  chosen  at 
such  election  and  must  be  endorsed  "  School  Trustees." 

Method  of  Election. —  These  officers  must  be  chosen  by  ballot. 
The  ballots  may   1)e  printed   or   written   or   partly   printed   and 

96 


UNION    FREE-SCHOOL    DISTKICT    OFFICERS  '-97 

partly  written.  Ballot-boxes  should  l)e  provided  for  the  purpose. 
Inspectors  should  be  chosen  by  the  meeting,  who  should  receive 
all  the  ballots,  deposit  them  in  the  ballot-boxes,  and,  after  the 
polls  have  closed,  canvass  the  votes  and  announce  the  result. 
The  candidate  recei\ing  a  majority  of  all  votes  cast  is  duly 
elected. 

Classification  of  Trustees. —  When  a  union  free-school  district 
is  organized,  the  officers  chosen  at  the  first  election  shall  be 
divided  into  three  classes  to  l^e  known  as  the  first,  the  second, 
and  the  third  class.  The  first  class  shall  hold  office  for  one  year 
from  the  next  annual  meeting,  if  the  district  is  one  whose  bound- 
aries do  not  coincide  with  those  of  an  incorporated  village  or  a 
city ;  and  if  the  district  is  one  whose  boundaries  do  so  coincide, 
then  such  first  class  shall  hold  office  for  one  year  from  the  date 
on  which  the  next  annual  charter  election  of  such  incorporated 
village  or  city  occurs.  The  second  and  the  third  class  shall  like- 
wise hold  office  for  two  and  three  years  respectively  from  these 
dates,  according  to  the  boundaries  of  the  district. 

Term  of  Office. —  After  the  expiration  of  the  term  of  office  of 
trustees  elected  at  the  first  meeting  of  a  union  free-school  district 
newly  organized,  the  term  of  office  of  trustees  of  such  district  is 
three  years  from  the  date  of  their  election.  A  year  in  this  sense 
means  from  the  first  day  of  August  to  the  thirty-first  day  of  July 
following. 

Trustees  Form  a  Board  of  Education. —  The  trustees  of  union 
free-school  districts  constitute  the  boards  of  education  for  those 
districts.     The  board   of  education, of  a   district  is   known  and 

designated  as  the  "  Board  of  Education  (jf  district  number 

■of  the  town  of  .  , " 

Eligibility  of  Trustees. —  In  order  to  be  eligible  to  hold  the 
office  of  trustee,  or  to  become  a  member  of  a  board  of  education 
in  a  union  free-school  district,  a  person  must  be  a  citizen  of  the 
United  States,  and  a  voter  of  the  district  in  which  such  person  is 
elected,  and  must  also  be  able  to  read  and  write.  \\'onicn  possess- 
ing these  qualifications  are  eligible  the  same  as  men.     Not  more  than 


98 


NEW    YORK    SCHOOL    LAW 


one  member  of  a  family  can  serve  on  a  board  of  education  in  any 
district  at  the  same  time. 

A  district  superintendent  or  supervisor  is  not  eligible  to  be  a 
member  of  a  board  of  education.  Hence,  if  a  member  of  a  board 
of  education  should  accept  either  of  these  offices  he  would  thus 
vacate  his  office  as  such  member. 

Vacancies  —  How  Filled,  etc. —  Vacancies  in  boards  of  educa- 
tion in  any  union  free-school  district  may  occur  by  death,  by 
resignation,  by  refusal  to  serve,  by  removal  from  district,  or  by 
removal  from  office.  When  a  vacancy  does  occur  from  any  of 
these  causes,  the  board  of  education  should  fill  such  vancancy  at 
once  by  appointment.  If  the  board  of  education  should  fail  to  fill 
such  vacancy  within  thirty  days  from  the  date  on  which  it  occurred 
and  if  such  vacancy  is  not  filled  by  special  election  of  the  district 
within  that  time,  the  district  superintendent  having  jurisdiction  may 
appoint  a  qualified  person  to  fill  such  vancancy.  The  Commissioner 
of  Education  has  the  authority  to  order  a  special  election  to  fill  a 
vacancy  in  a  board  in  any  district,  and  when  such  special  election 
has  been  ordered,  the  vacancy  shall  not  be  supplied  in  any  other 
manner. 

Removal  from  Office. —  A  board  of  education  has  the  authority 
to  remove  any  member  of  the  board  for  official  misconduct.  The 
member  charged  with  such  conduct  should  be  furnished  with  a 
written  copy  of  specific  charges,  at  least  ten  days  before  the  date 
fixed  for  the  hearing.  The  accused  member  should  also  be  allowed 
a  fair  and  impartial  opportunity  to  refute  the  charges  preferred 
against  him. 

A  member  of  a  board  of  education  may  also  be  removed  by  the 
Commissioner  of  Education  for  sufficient  cause. 

In  this  procedure  also,  the  accused  member  must  receive  notice 
of  the  charges  standing  against  him  and  must  have  a  fair  chance 
to  refute  or  disprove  them.  A  willful  failure  to  perform  any  duty 
required  of  him  by  the  Commissioner  of  Education  or  a  lack  of 
proper  diligence  in  obeying  an  order  of  such  Commissioner,  or  any 
other  willful  violation  or  neglect  of  duty  is  sufficient  cause  for 
removal  from  office  by  such  Commissioner. 

Boards  Bodies  Corporate. —  All  boards  of  education  are  cor- 
porate bodies,  and  all  school  districts  municipal  corporations. 

Annual  Meetings  of  Boards  of  Education. —  The  annual  meet- 
ing of  a  board  of  education  of  a  union  free-school  district  whose 


UNION    FREE-SCHOOL    DISTRICT    OFFICERS  '  99 

boundaries  do  not  correspond  to  those  of  an  incorporated  village,  is 
held  on  the  first  Tuesday  in  August  of  each  year,  except  in  districts 
in  which  the  annual  meeting  is  held  on  the  first  Tuesday  in  August, 
in  which  case  the  annual  meeting  of  the  board  of  education  of  such 
district  shall  be  held  on  the  second  Tuesday  in  August. 

But  the  annual  meeting  of  a  board  of  education  of  a  district 
whose  boundaries  correspond  to  those  of  an  incorporated  village  is 
held  on  the  first  Tuesday  following  the  date  on  which  the  annua! 
charter  election  of  such  village  is  held. 

Boards  Select  Their  President. —  At  the  first  meeting  of  a 
board  of  education  and  at  each  annual  meeting  thereafter,  such  l)oard 
shall  elect  one  of  their  number  president. 

Appointment  of  Clerk  of  the  Board. —  The  board  of  education 
of  a  district  whose  boundaries  do  not  coincide  with  those  of  an 
incorporated  village  may  appoint  one  of  their  number,  or  some  other 
qualified  voter  of  the  district,  who  is  not  a  teacher  employed  therein, 
clerk  of  the  board  of  education.  The  clerk  must  perform  the  clerical 
work  of  the  district  and  of  the  board,  and  is  entitled  to  the  com- 
pensation fixed  by  the  district  meeting.  If  the  district  meeting  fails 
to  fix  the  compensation  of  the  clerk,  the  board  of  education  should 
fix  it. 

If  a  vacancy  occurs  in  the  office  of  clerk,  such  vacancy  may  be 
supplied  by  appointment  by  the  board  of  education. 

In  a  union  free-school  district  whose  boundaries  coincide  with 
those  of  an  incorporated  village,  the  clerk  of  such  village  usually  acts 
as  clerk  of  the  board  of  education. 

Appointment  of  Treasurer  and  Collector. —  The  board  of  edu- 
cation of  a  imion  free-school  district  whose  boundaries  do  not  cor- 
respond to  those  of  an  incorporated  village,  has  authority  to  appoint 
a  district  treasurer  and  a  collector.  Tliese  officers  hold  their  ap- 
l)ointments  subject  to  the  pleasure  of  the  board.  The  treasurer  is 
to  hold  and  disburse  upon  the  orders  of  the  board  the  moneys  of 
the  district.  The  collector  should  collect  the  taxes  on  all  tax-lists 
placed  in  his  hands  for  that  purpose  and  pay  over  such  money  to 
the  treasurer. 

In  a  district  whose  boundaries  do  coincide  with  those  of  an 
incorporated  village,  the  treasurer  and  the  collector  of  such  village 
act  as  the  treasurer  and  the  collector  of  such  district. 

Bonds  of  Treasurer  and  Collector. —  The  treasurer  and  the 
collector  shall  each   within   ten  days  after  written  notice  of  their 


lOO  KKW    V(JKK    SCHOOL    LAW 

appointment,  and  before  entering  upon  tlie  discharge  of  their 
duties,  execute  and  deliver  to  the  board  of  education  in  the 
amount  which  such  board  may  require,  a  bond  with  proper  pen- 
alties and  sureties  for  the  faithful  discharge  of  their  duties. 

Failure  to  Execute  Bonds. —  If  either  the  treasurer  or  the  col- 
lector should  fail  to  execute  the  required  bond  within  the  speci- 
fied time,  the  office  becomes  vacant  and  the  board  should  fill  it 
by  appointing  another  person. 

Librarian. —  Boards  of  education  have  authority  to  appoint 
from  time  to  time  such  librarians  as  in  their  judgment  are  neces- 
sary to  take  proper  care  of  the  libraries  of  the  district. 

Who  May  Vote  for  Officers  in  Union  Free-School  Districts. — 
Where  no  provision  is  made  by  special  enactment,  the  general 
law  defines  the  qualifications  of  voters  at  union  free-school  dis- 
trict meetings.  (See  chapter  on  "Qualifications  of  voters.'" » 
Persons  coming  within  these  provisions  may  vote  for  officers  ai 
elections  in  these  districts. 

Changing  Number  of  Trustees. —  i.  If  fifteen  resident  tax- 
payers of  a  union  free-school  district  whose  limits  correspond  t 
those  of  an  incorporated  village  petition  their  board  of  educatio:. 
for  a  special  meeting  to  decide  to  change  the  numl)er  of  membe:- 
of  such  board  such  special  meeting  must  be  called  at  least  30  days 
prior  to  the  annual  charter  election.  If  the  proposition  to  in- 
crease the  number  of  members  is  adopted,  such  additional  mem- 
bers shall  be  elected  at  the  next  annual  election.  If  the  propo- 
sition to  decrease  the  number  should  be  adopted  no  member 
shall  thereafter  be  elected  until  the  number  of  members  is  less 
than  the  numl^er  determined  upon  at  such  special  meeting. 

2.  In  a  union  free-school  district  whose  boundaries  are  not  coin- 
cident with  those  of  an  incorporated  village  the  board  of  educa- 
tion must  include  in  its  notice  of  the  annual  meeting  a  statement 
that  the  proposition  to  increase  or  to  decrease  the  number  of  trus- 
tees will  be  voted  upon  at  such  annual  meeting  if  fifteen  voter? 
of  the  district  file  a  request  therefor  with  such  board.  If  the 
board  fails  or  refuses  to  give  such  notice,  it  mav  be  given  in  the 


UNION    FREK-SCIIOOL    DISTRICT    OFFICKKS  Id 

manner  directed  Ijy  the  Commissioner  of  lulucation.  The  ques- 
tion cannot  be  legally  voted  upon  unless  the  notice  is  given. 

If  it  is  decided  at  the  annual  meeting  to  increase  the  number 
of  trustees,  the  meeting  should  elect  the  additional  number 
agreed  upon  and  divide  such  number  into  classes  whose  terms  ex- 
pire in  one,  two  and  three  }-ears  respectively. 

If  it  is  decided  to  decrease  the  number  of  such  trustees  no  trus- 
tee shall  be  elected  until  the  number  is  reduced  to  that  deter- 
mined upon  at  the  annual  meeting. 

ELECTION    OF   OFFICERS    IN    UNION    FREE-SCHOOL    DISTRICTS    II.WIXG 
MORE    THAN    3OO    CHILDREN 

Action  of  District. —  The  education  law  provides  that  in  a 
union  free-school  district  having  more  than  300  children  of  school 
age,,  which  fact  must  be  shown  by  the  last  annual  report  of  the 
board  of  education  to  the  district  superintendent,  a  majority  of 
the  qualified  voters  at  any  annual  meeting  or  at  a  special  meeting 
called  for  that  purpose,  may  decide  by  vote  to  be  ascertained  by  tak- 
ing and  recording  the  ayes  and  noes,  that  the  election  of  Irusfees 
shall  be  held  on  the  Wednesday  next  following  the  date  fixed  by 
law  for  holding  the  annual  meeting  of  such  district.  Until  such 
decision  of  the  district  shall  be  changed,  the  time  for  holding  the 
election  of  officers  of  such  district  shall  occur  on  such  Wednesday, 
between  the  hours  of  twelve  o'clock  noon  and  fovu"  o'clock  ]'.  m., 
and  the  trustees  may  by  a  resolution  extend  the  time  of  such  election 
until  sunset. 

When  Notice  is  Required. —  When  the  holding  of  such  elec- 
tion is  to  be  at  some  place  other  than  the  public  schoolhouse,  the 
trustees  shall  give  notice  of  the  place  at  which  tlie  election  is  to 
be  held,  at  least  one  w-eek  before  the  time  for  holding  such  elec- 
tion. This  notice  must  be  given  by  publishing  the  same  in  some 
newspaper  of  the  district  or  by  posting  it  in  three  conspicuous 
places  in  the  district. 

The  election  of  members  of  the  board  of  education  in  these 
districts  must  not  be  confoimded  with  the  annual  meeting.  The 
annual  meeting  of  such  districts  must  occur  on  the  first  Tuesday  in 


I02  NEW    YORK    SCHOOL    LAW 

May  in  each  year,  as  required  by  law,  unless  the  date  for  the  annual 
meeting  has  been  duly  changed  to  the  first  Tuesday  in  August  as 
hereinbefore  explained.  All  the  business  of  the  district  to  be 
transacted  at  the  meeting  of  such  district  must  be  transacted  at  the 
annual  meetmg.  The  election  of  members  of  the  board  of  educa- 
tion only,  must  occur  on  the  Wednesday  follozving  the  annual 
meeting  and  no  other  business  can  be  transacted  at  that  time. 

Inspectors  of  Election. —  The  board  of  education  shall  act  as 
inspectors  of  election.  If  a  majority  of  the  members  of  the 
board  should  not  be  present  at  the  time  the  polls  should  open, 
those  members  present  may  appoint  any  of  the  legal  voters  of 
the  district  who  are  present  to  act  as  inspectors  in  the  absence 
of  the  members  of  the  board.  If  none  of  the  members  of  the 
board  are  present  at  the  time  the  polls  should  open,  the  legal 
voters  present  may  choose  three  of  their  own  number  to  act  as 
inspectors. 

Record  of  Voters. —  The  clerk  of  the  board  of  education  is 
required  by  law  to  keep  a  record  in  a  book  provided  for  that  pur- 
pose of  the  names  of  all  voters  who  deposit  their  ballots  at  such 
elections. 

Refusal  to  Keep  Record. —  Any  such  clerk  w^ho  shall  refuse  to 
keep  such  record  or  who  shall  neglect  to  perform  his  duties  in 
this  respect  shall  forfeit  a  sum  of  twenty-five  dollars,  to  be  sued 
for  by  the  supervisor  of  the  town. 

Challenge  of  Voters. —  Any  qualified  voter  at  such  elections 
may  challenge  the  right  of  any  person  to  vote  whom  he  has  rea- 
son to  think  is  not  entitled  to  vote  at  such  election.  Any  person 
thus  challeneged  must  make  the  following  declaration  before  his 
ballot  can  be  accepted :  "  I  do  declare  and  affirm  that  I  am  and 
have  been  for  thirty  days  last  past  an  actual  resident  of  this 
school  district  and  that  I  am  legally  qualified  to  vote  at  this 
election." 


UNION    FREE-SCHOOL    DISTRICT    OFFICERS  IO3 

Upon  a  challenged  party's  making  such  declaration,  the  inspectors 
of  election  must  accept  his  ballot. 

Penalty  for  Illegal  Voting. —  Any  person,  who,  being  chal- 
lenged, shall  willfully  make  a  false  declaration  of  his  right  to  vote, 
is  guilty  of  a  misdemeanor.  Any  person  not  legally  qualified  who 
shall  vote  at  such  election  or  district  meeting,  without  being  chal- 
lenged, shall  forfeit  the  sum  of  ten  dollars,  to  be  sued  for  by  the 
supervisor  of  the  town  for  the  benefit  of  the  school  or  schools  of  the 
district. 

Ballot-Boxes. —  The  board  of  education  should  provide  at  the 
expense  of  the  district  suitable  ballot-boxes,  in  which  the  ballots  of 
voters  shall  be  deposited. 

Ballots. —  These  officers  must  be  elected  by  ballot.  The  ballots 
used  must  be  either  printed  or  written,  or  partly  printed  and  partly 
written. 

Canvass  of  Votes. —  The  inspectors  shall  count  the  votes  cast, 
after  the  polls  have  closed.  If  the  number  of  ballots  exceeds  the 
number  of  names  on  the  poll-list  kept  by  the  clerk,  the  inspectors 
shall  withdraw  ballots  enough  to  make  them  correspond.  The  in- 
spectors shall  then  count  the  votes  and  announce  the  number  cast 
for  each  candidate.  Those  receiving  a  plurality  of  the  votes  cast, 
are  elected  to  the  various  offices  for  which  they  received  votes. 
The  clerk  should  make  a  record  of  the  result  announced  by  the 
inspectors. 

Special  Election. —  Whenever  the  time  passes  on  which  an 
election  should  be  held,  without  the  election's  taking  place,  the 
board  of  education  may  call  a  special  meeting  for  such  election. 
If  the  board  fails  to  call  such  election  within  ten  days  after  such 
time  has  passed,  the  district  superintendent  having  jurisdiction,  or 
the  Commissioner  of  Education,  may  order  any  inhabitant  of  the 
district  to  give  notice  of  a  si)ecial  meeting  for  such  election.  This 
notice  must  be  given  by  being  published  in  two  newspapers  of  the 
district  once  each  week  for  four  weeks,  and  if  two  newspapers  are 
not  published  in  the  district,  but  one  is,  the  notice  may  be  published 
in  such  paj)cr.  If  no  paper  is  published  in  the  district,  then  such 
notice  must  be  posted  in  at  least  twenty  of  the  most  public  places 
in  the  district  at  least  twenty  days  prior  to  the  date  on  which  the 
meeting  is  to  be  held. 

Terms  of  Officers  Chosen  at  Special  Election. —  The  officers 
chosen  a  such  special  election  shall  serve   for  the  same  length  of 


I04  NEW  YORK   SCHOOL  LAW 

time  as  if  chosen  at  the  annual  meeting,  and  tmtil  their  successors 
shall  have  been  elected  and  qualified. 

Settlement  of  Election  Disputes. —  All  disputes  relating-  to  the 
regularity  of  these  elections  and  to  any  acts  of  the  inspectors  or 
clerk  should  be  referred  to  the  Commissioner  of  Education  for 
settlement.     His  decision  in  such  matters  is  final. 

Limitation  of  These  Provisions, —  These  provisions  do  not 
apply  to  union  free-school  districts  in  cities,  nor  to  any  union  free- 
school  district  whose  boundaries  coincide  with  those  of  an  incorpo- 
rated village.  Xor  can  such  provisions  apply  to  any  union  free- 
school  district  organized  b}'  a  special  act  in  which  the  time  and 
method  of  electing  officers  in  such  district  shall  be  fixed  by  a  special 
provision  which  differs  from  the  general  law.  Nor  do  these  pro- 
visions apply  to  any  of  the  union  free-school  districts  of  the  coun- 
ties of  Suft'olk.  Chenango,  Warren,  and  St.  Lawrence.  The  elec- 
tion of  officers  in  any  union  free-school  district  of  any  of  these 
counties,  whose  boundaries  do  not  coincide  with  those  of  an  incor- 
porated village  must  be  held  on  the  date  of  the  annual  meeting. 

REVIEW  QUE.STIOXS 

How  many  members  on  a  board  of  education  in  a  union  free-school  dis- 
trict? How  is  the  number  determined?  On  what  three  dates  may  the  election 
of  members  on  a  board  education  in  union  free-school  districts  whose 
boundaries  do  not  coincide  with  the  boundaries  of  an  incorporated  village  or 
a  city  occur?  When  in  districts  whose  boundaries  do  thus  coincide?  In  the 
latter  case  how  are  such  trustees  elected?  What  is  the  requirement  relative 
to  ballots?  In  all  cases  how  must  trustees  be  chosen?  What  kind  of  ballots 
must  be  used?  How  are  inspectors  chosen  at  such  election?  What  are  their 
dwties?  How  should  the  first  trustee  of  a  union  free-school  district  be  classi- 
fied? For  what  period  does  each  class  hold  ofitice?  What  is  the  regular  term 
of  office?    What  is  one  year  in  this  meaning? 

What  constitutes  a  board  of  education?  How  is  a  board  of  education 
named?  W'ho  are  eligible  to  membership  on  a  board  of  education?  Are 
women  eligible?  When?  How  many  members  of  a  family  ma.v  serve  on  the 
same  board?  Is  a  district  superintendent  eligible?  A  supervisor?  If  a 
member  of  a  board  of  education  should  accept  either  of  these  offices,  what 
would  be  the  result?  How  may  vacancies  on  a  board  occur?  When  a 
vacancy  does  occur  how  should  it  be  filled?  Who  may  order  a  special  election 
to  fill  such  vacancy?  If  it  is  not  filled  by  the  board  of  education  within 
thirty  days  and  if  a  special  meeting  is  not  called  within  that  time,  how  may 
such  vacancy  be  filled? 

For  what  reasons  may  a  board  remove  any  of  its  members?  What  are 
the    proceedings    in    such    cases?      What    privileges    should    be    allowed    the 


REVIEW    QUESTIONS  I05 

accused  member?  By  what  other  authority  may  a  member  of  a  board  be 
removed?  What  are  considered  sufficient  causes  for  removal?  What  are 
the  proceedings  in  such  cases?  When  is  the  annual  meeting  of  a  board  of 
education  held?  What  is  the  exception  to  this  date?  How  is  the  president 
of  a  board  of  education  chosen?    When? 

How  is  a  clerk  chosen?  What  are  the  qualifications  of  a  clerk?  What  are 
a  clerk's  duties?  Who  detennines  the  compensation  of  a  clerk?  Who  is 
clerk  of  the  board  of  education  of  a  union  free-school  district  whose 
boundaries  coincide  with  those  of  an  incorporated  village  or  a  city? 

How  is  a  treasurer  chosen  in  a  district  whose  boundaries  do  not  coincide 
with  those  of  an  incorporated  village  or  a  chy?  A  collector?  ^^"ho  are 
eligible  to  these  offices?  For  what  period  are  they  appointed?  What  is  the 
duty  of  the  treasurer?  Of  the  collector?  What  bond  must  each  of  these 
officers  give?  Within  what  period?  For  what  amount?  What  is  the  effect 
if  these  bonds  are  not  given?  How  are  such  vacancies  filled?  What  is  the 
duty  of  a  board  in  relation  to  librarians? 

Who  are  entitled  to  vote  for  officers  in  union  free-school  districts? 
Explain  fully  how  the  number  of  trustees  may  be  changed  in  each  class  of 
union  free-school  districts. 

What  union  free-school  districts  may  elect  officers  on  the  Wednesday  fol- 
lowing the  annual  meeting?  When?  Between  what  hours  must  such  election 
occur?  Until  what  time  may  the  election  be  extended?  Where  is  such 
election  held?  When  may  it  be  held  elsewhere?  What  notice  must  be  given 
of  such  change  of  place?  What  business  only  can  be  transacted  at  such 
election?    When  must  the  annual  meeting  of  such  district  be  held? 

Who  act  as  inspectors  at  such  election?  If  a  majority  of  the  board  are 
not  present  at  the  opening  of  the  polls,  how  are  such  vacancies  filled?  If 
none  of  the  members  of  the  board  are  present,  how  are  inspectors  chosen? 
What  poll-list  should  be  kept?  By  whom?  What  is  the  penalty  for  refusal 
to  serve  in  this  capacity? 

Who  may  offer  a  challenge  at  such  election?  What  affirmation  must  the 
challenged  person  make?  Upon  his  making  such  affirmation  what  must  the 
inspectors  do?  What  is  the  penalty  for  making  a  false  declaration?  W"hat  is 
the  penalty  for  illegal  voting  when  not  challenged  ?  How  is  such  fine  col- 
lected?    For  what  purpose  should  it  be  u>ed? 

By  whom  should  ballot-boxes  be  supplied?  How  must  officers  be  elected 
at  these  elections?  What  kind  of  ballots  may  be  used?  Describe  how  the 
votes  cast  should  be  counted? 

When  should  a  board  of  education  call  a  meeting  for  a  special  election? 
When  may  a  district  superintendent  order  such  election?  The  Commissioner 
of  Education?  What  notice  must  be  given  of  such  election?  For  what  period 
are  the  officers  elected  at  such  special  meeting  chosen?  How  are  all  disputes 
relating  to  such  elections  settled?  To  what  districts  do  not  these  provisions 
for  election  of  officers  apply? 


CHAPTER    XIII 

BOARD    OF    EDUCATION,    UNION    FREE-SCHOOL    DISTRICT POWERS 

AND    DUTIES 

[Article  ii] 

Adopt  By-Laws  for  Its  Government. —  A  board  of  education 

has  legal  authority  to  adopt  such  by-laws  and  rules  for  its  gov- 
ernment as  it  shall  deem  necessary  to  discharge  properly  the 
duties  imposed  upon  it  by  law. 

Adopt  Regulations  for  Schools. —  A  board  has  authority  also 
to  adopt  such  rules  and  regulations  as  it  shall  deem  wise  and 
necessary  for  the  promotion  of  the  educational  interests  of  the 
district,  for  the  preservation  of  order  and  discipline  in  the  schools, 
and  for  the  protection  of  the  district's  property. 

While  a  board  has  authority  to  adopt  general  rules  to  govern  a 
school  and  to  aid  in  the  discipline  thereof,  such  authority  must 
not  be  construed  as  giving  the  board  absolute  power  to  control 
the  discipline  and  order  of  the  school.  General  rules  may  be 
adopted  by  the  board,  but  the  teacher  is  the  authority  to  execute 
such  rules,  and  may  determine  a  mode  of  punishment  not  in  con- 
flict with  the  rules  of  the  board.  A  teacher  has  authority  also  to 
establish  such  rules  for  the  preservation  of  order  as  are  not  in 
conflict  with  the  rules  adopted  by  the  board. 

Courses  of  Study. —  It  is  the  duty  of  boards  of  education  to 
arrange  courses  of  study  for  the  schools  under  their  jurisdiction, 
to  determine  in  what  manner  pupils  shall  be  graded  or  classified, 
and  to  determine  the  basis  upon  which  pupils  shall  be  promoted 
from  grade  to  grade,  or  from  one  department  to  another  depart- 
ment. 

By  special  provision  of  law,  boards  of  education  are  required  to 
provide  for  instruction  in  physiology  and  hygiene,  Vv'ith  special  ref- 
erence to  the  eiTects  of  alcoholic  stimulants  and  narcotics  upon  the 

1 06 


BOARD    OF    EDUCATION POWERS    AND    DUTIES 


107 


human  s}"stem,  and  in  the  humane  treatment  and  protection  of  birds 
and  animals. 

Prescribe  Text-Books. —  They  are  to  prescribe  the  text-books 
to  be  used  in  the  schools  under  their  charge,  and  to  require  a 
uniformity  in  the  use  of  such  books.  They  shall  also  furnish 
text-books  to  poor  pupils  out  of  any  moneys  provided  for  that 
purpose,  and  free  text-books  for  all  pupils  when  funds  have  been 
voted  therefor. 

Purchase  Sites. —  A\'hen  directed  to  do  so  by  a  district  meet- 
ing, boards  of  education  should  purchase  a  site  or  sites  or  an 
addition  to  a  site  or  sites  for  schoolhouses. 

Erect  and  Repair  Buildings,— They  should  construct  a  school- 
house  or  schoolhouses  when  directed  to  do  so  by  a  district  meeting, 
and  should  keep  the  schoc^l  buildings  in  good  repair. 

Purchase  Furniture,  Apparatus,  etc. —  A  board  of  education 
has  the  authority  to  purchase  all  necessary  furniture,  apparatus, 
fuel,  and  other  necessaries,  and  to  keep  the  furniture  and  apparatus 
in  good  repair. 

May  Hire  School  Rooms  and  Furnish  Them. —  A\'hen  the 
rooms  in  a  schoolhouse  are  overcrowded  and  the  capacity  of  a 
schoolhouse  is  insufficient  to  accommodate  all  the  pupils,  or  when 
the  schoolhouse  has  been  injured  or  destroyed  in  any  way  so  as  to 
render  it  unfit  for  use,  the  I^oard  of  education  may  hire  suitable 
rooms  in  which  to  conduct  the  school,  and  may  fit  up  and  furnish 
such  rooms  in  a  suitable  manner,  for 'the  purpose  of  conducting 
school  therein. 

Insure  School  Property. —  The  board  should  insure  all  school 
buildings  and  appendages  thereof  owned  by  the  district,  the  furni- 
ture and  apparatus,  and  the  library,  in  a  company  created  under 
the  laws  of  the  State  or  authorized  to  do  business  in  the  State. 
The  board  has  power  to  raise  the  premiums  by  tax  upon  the  district. 

Custody  of  Property. —  The  custody  and  possession  of  all 
public  school  buildings,  sites,  lots,  furniture,  books,  apparatus  and 
all  school  ])roperty,  and  the  title  to  the  same  are  vested,  in  union 
free-school  districts,  in  the  board  of  education  in  each  of  such 
districts.  For  any  and  all  purposes  this  property  is  exempt  froin 
taxation. 

May  Sell  Property  and  Exchange  Real  Estate. —  When  a  board 
of  education  is  so  authorized  by  the  cpialified  voters  of  any  district, 
it  may   sell   at   such   price  and  upon   such   terms   as  directed,   any 


loS  NEW    YORK    SCHOOL   LAW 

former  lot  or  site  and  any  real  estate  the  title  of  which  is  vested 
in  the  board,  and  any  buildings  or  appurtenances  thereon.  The 
board  has  authority  also  to  convey  any  such  property  by  deed  and 
to  execute  the  same,  which  may  be  done  by  a  majority  of  the  mem- 
bers of  the  board  or  by  some  officer  or  member  of  the  board  duly 
empowered  by  the  board  to  make  such  conveyance.  x\ny  money 
realized  from  the  sale  of  such  property  must  be  applied  by  the 
board  as  directed  in  a  resolution  by  the  voters  of  the  district. 

The  board  may  also,  when  so  directed,  exchange  any  real  estate 
belonging  to  the  district  for  the  purpose  of  improving  or  changing 
the  schoolhouse  site. 

May  Hold  Real  Estate  in  Trust.—  A  board  of  education  may 
take  and  hold  any  real  estate  for  the  use  of  the  schools  or  any 
department  of  the  schools  of  their  district,  transmitted  to  the  district 
by  gift,  grant,  bequest  or  devise:  or  any  gift,  legacy,  or  annuity 
given  or  bequeathed  to  said  board.  Such  board  must  apply  the 
same,  or  the  interest  or  proceeds  thereof,  as  directed  by  the  donor 
or  testator. 

Control  of  Schools. —  Boards  of  education  of  union  free-schools 
have  in  all  respects  the  superintendence,  management,  and  control  of 
such  schools  subject  to  the  supervision  of  the  Commissioner  of 
Education.  In  such  control  and  management  a  board  must  be 
governed  by  law,  and  by  the  general  powers  given  the  Commissioner 
of  Education. 

Establishment  of  Academic  Department. —  The  power  to 
establish  an  academic  department  is  vested  in  the  board  of  educa- 
tion. This  may  be  established  whenever  the  board  deems  it  neces- 
sary.    Such  department  must  be  approved  by  the  Board  of  Regents. 

Admission  of  Non-Resident  Pupils  to  Academic  or  Other 
Departments. —  The  admission  of  non-resident  pupils  to  the 
academic  or  other  departments  shall  be  under  the  regulations  adopted 
by  the  board  of  education,  and  the  fee  to  be  charged  such  students 
for  this  privilege  shall  also  be  regulated  by  the  board.  Whenever 
the  parent  or  the  guardian  of  non-resident  pupils  shall  be  taxed 
for  school  purposes,  because  of  property  owned  by  either  of  them 
and  assessed  in  the  district  at  which  such  non-resident  pupils  attend 
school,  the  amount  of  tax  thus  paid  must  be  deducted  from  the 
tuition  fee  to  be  paid. 

Colored  Schools. —  A  board  of  education  has  authority  under 
the  law  to  maintain  a  separate  school   for  colored  children  when 


BOARD    OF    EDUCATION  —  POWERS    AND    DUTIES  109 

authorized  by  a  vote  of  the  district.  No  person  may  be  exchided 
from  a  pubHc  school  on  account  of  race  or  color.  The  maintenance 
of  these  schools  is,  therefore,  unnecessary.  (For  history  of  legis- 
lation on  this  subject,  see  loth  edition  of  this  work.) 

Employment  of  Teachers. —  It  is  the  duty  of  a  board  to  employ 
all  teachers  required  for  the  schools  under  their  jurisdiction  and 
the  departments  thereof.  Such  teachers  must  be  legally  qualified, 
as  required  by  law.  No  teacher  who  is  related  by  blood  or  mar- 
riage to  any  member  of  a  board  can  be  employed  as  teacher  by  such 
board,  except  upon  the  consent  of  two-thirds  of  the  members  of  the 
board,  and  the  fact  of  such  consent  must  be  determined  at  a  board 
meeting  and  entered  on  the  proceedings  of  the  board. 

It  is  the  duty  of  each  board  at  the  time  of  employment  to  deliver 
or  cause  to  be  delivered  to  each  teacher,  a  written  contract,  signed 
by  the  members  of  the  board  or  by  some  person  duly  authorized  to 
represent  the  board.  This  contract  should  express  the  terms  of 
agreement  between  the  board  and  the  teacher,  and  should  be  explicit 
as  to  the  amount  of  compensation,  term  of  employment,  the  times 
when  salary  shall  be  paid,  and  the  grade  of  teaching  or  department 
in  which  the  teacher  is  to  be  employed.  The  salary  must  be  paid 
under  the  law  as  often  as  at  the  end  of  each  calendar  month  of  the 
term  of  employment.  Boards  are  also  directed  to  pay  the  wages 
of  teachers  out  of  money  appropriated  for  that  purpose. 

Removal  of  Teachers. —  A  board  of  education  cannot  remove 
a  teacher  during  his  or  her  term  of  employment  except  for  neglect 
of  duty,  incai)acity  to  teach,  immoral  conduct,  or  other  cause 
approved  by  the  Commissioner  of  Education. 

May  Fill  Vacancies  on  Board  —  May  Remove  Members. — 
The  board  of  education  may  fill  any  vacancy  which  may  arise  on 
such  board.  A  board  may  also  remove  any  of  its  members  for 
official  misconduct.  But  first,  the  board  must  serve  on  the  member 
thus  charged,  a  copy  of  the  written  charges,  which  must  be  specific ; 
and  this  copy  must  be  served  on  such  members  at  least  ten  days 
before  the  date  fixed  for  the  hearing.  The  accused  must  also  be 
allowed  a  full  and  fair  opportunity  to  refute  the  charges  thus  made. 

Water-closets,  Stairways,  etc. —  It  is  the  duty  of  a  board  of 
education  to  provide  two  suitable  and  convenient  water-closets  for 
each  of  the  schools  under  its  charge,  as  required  by  law,  and  the 
board  must  keep  them  in  a  clean  and  wholesome  condition.  Any 
tax  involved  for  this  purpose  may  be  levied  and  assessed  upon  the 


no  NEW    YORK    SCHOOL    LAW 

district  without  a  vote  at  a  district  meeting.  (See  chapter  on  "  Sites 
and  school  buildings."} 

The  board  shall  also  cause  to  be  erected  and  maintained  on  the 
outside  of  all  school  buildings  which  are  more  than  two  stories  high, 
proper  stairways  with  doorways  leading  thereto  from  each  floor 
above  the  first,  for  use  in  case  of  fire.  The  tax  for  this  purpose 
may  likewise  be  levied  by  the  board  without  a  vote  of  the  district. 

General  Powers  and  Duties.—  By  provision  of  law,  boards  of 
education  possess  all  the  powers  and  privileges  and  are  subject  to 
the  same  duties  in  relation  to  common  schools  or  common-school 
departments  in  any  union  free  school  in  said  district  which  are 
possessed  by  the  trustees  of  common  schools  or  to  which  such  trus- 
tees are  subject  under  the  school  law  and  which  are  not  inconsistent 
with  the  provisions  of  law  governing  union  free  schools.  When 
an  academic  department  has  been  established  by  a  board,  the  board 
possesses  the  same  powers  that  are  held  by  the  trustees  of  academies. 

Board  May  Appoint  Superintendent  of  Schools. —  In  any  union 
free-school  district  which  has  a  population  of  four  thousand  five 
hundred  or  more,  the  board  of  education  may  appoint  a  superin- 
tendent of  schools.  The  population  of  such  district  shall  be 
ascertained  by  an  enumeration  of  the  inhabitants  therein  under 
the  direction  of  the  Commissioner  of  Education ;  the  expense  of 
such  enumeration  shall  be  a  charge  upon  the  district.  Such  super- 
intendent shall  be  under  the  direction  of  the  board  of  education 
and  the  board  shall  prescribe  his  duties  and  fix  his  compensation. 
He  may  be  removed  from  office  by  a  majority  vote  of  the  board. 

A  district  thus  employing  a  superintendent  is  entitled  to  receive 
from  the  State,  in  its  apportionment  of  the  State  school  moneys, 
the  additional  sum  of  eight  hundred  dollars. 

Record  of  Proceedings. —  Boards  are  required  to  keep  an 
accurate  record  of  all  of  their  proceedings  in  books  provided  for 
that  purpose,  and  these  records  must  be  open  to  the  inspection  of 
qualified  voters  of  the  district  at  all  reasonable  hours. 

Must  Publish  Statement  of  Receipts  and  Disbursements. — 
Boards  of  education  are  required  by  law  to  publish  each  year 
during  the  month  of  July,  a  full,  complete,  and  detailed  account  of 
all  moneys  received  by  the  board  or  by  the  treasurer  and  of  each 
item  of  purchase  or  expense  and  the  amount  thereof.  This  must 
be  published  in  a  newspaper  printed  in  the  district;  but  if  no  news- 


BOARD  OF  EDUCATION POWERS  AND  DUTIES  III 

paper  is  printed  in  the  district,  the  statement  must  be  posted  in  at 
least  five  pubHc  places  in  the  district. 

Board  Should  Report  Estimated  Expenses. —  The  board 
should  report  to  the  annual  meeting  an  estimate  in  writing  of  the 
money  needed  for  school  purposes  for  the  ensuing  year.  This 
report  should  state  the  purposes  for  which  the  money  will  be  needed 
and  the  amount  for  each  of  such  purposes.  Such  statement  could 
also  be  presented  at  a  special  meeting  called  for  that  purpose. 

Vote  on  Taxes  for  Such  Estimate. —  In  a  union  free-school 
district  whose  boundaries  do  not  coincide  with  those  of  an  incorpo- 
rated village,  the  annual  or  special,  meeting,  upon  receiving  such 
estimate,  should  vote  upon  levying  taxes  to  meet  such  estimated 
expenditures.  If  demanded  by  any  voter,  a  separate  vote  should 
be  taken  upon  each  item.  The  meeting  may  increase  the  amount 
for  any  item,  and  may  decrease  the  amount  for  any  item,  except  for 
teachers'  wages  and  contingent  expenses. 

Board  May  Levy  Tax  Without  Vote. —  If  a  meeting  should 
neglect  or  refuse  to  vote  the  estimated  amount  for  teachers'  salaries, 
the  board,  after  applying  all  available  funds  therefor,  may  levy  a 
tax  upon  the  district  for  the  balance  of  the  money  needed,  without 
a  vote  of  the  district  to  authorize  it.  The  same  action  may  be  taken 
by  the  board  on  the  amount  estimated  for  contingent  expenses. 

Settlement  of  Disputes  on  Contingent  Expenses. —  All  dis- 
putes that  may  arise  as  to  what  contingent  expenses  are,  should  be 
referred  to  the  Commissioner  of  Education  whose  decision  is  final. 
City  or  Village  Authorities  May  Levy  Tax. —  Boards  of  educa- 
tion in  union  free-school  districts  whose  boundari'es  coincide  with 
those  of  an  incorporated  village,  should  prepare  a  written  state- 
ment, addressed  to  the  corporate  authorities  of  such  village,  show- 
ing the  amount  of  money  necessary  for  teachers'  wages  and  for  the 
ordinary  contingent  expenses  of  the  district.  The  statement  should 
be  specific,  showing  the  several  items  and  the  amount  of  money 
therefor  for  which  it  is  proposed  to  make  an  expenditure.  The 
corporate  authorities,  upon  the  receipt  of  such  statement,  should 
levy  a  tax  upon  the  real  and  personal  property  of  their  village,  in 
the  same  manner  that  taxes  are  levied  for  the  expenses  of  the 
nmnicipal  government,  and  for  the  same  amount  that  the  board  of 
education  set  forth  in  their  statement  as  necessary  for  school  pur- 


112  NEW  YORK  SCHOOL  LAW 

poses.  Such  corporate  authorities  have  no  discretion  in  the  mat- 
ter whatever,  but  are  required  to  levy  such  tax. 

Whenever  the  voters  of  such  union  free-school  districts  shall 
have  decided  at  a  special  meeting,  duly  convened,  to  expend  any 
amount  for  a  new  site,  an  addition  to  the  present  site,  or  for  the 
erection  of  school  buildings,  or  for  apparatus  or  fixtures,  or  for 
any  other  purpose  for  the  welfare  of  the  school  system  of  such 
district,  the  said  corporate  authorities  must  also  raise  such  amount 
by  tax  in  the  same  manner  as  for  any  .other  corporate  purpose. 

Regular  Meeting. —  Boards  of  education  are  required  by  law 
to  hold  regular  meetings  at  least  once  each  quarter,  and  they  may 
hold  them  oftener. 

The  meetings  of  a  board  shall  be  public  and  any  legal  voter  of 
the  district  may  be  present.  Boards  may,  however,  hold  execu- 
tive sessions,  and  at  such  sessions  only  members  of  the  board  or 
those  invited  by  the  board  shall  be  present. 

Visitation  of  Schools, —  Boards  shall  appoint  from  their  mem- 
bers visiting  committees,  whose  duties  shall  be  to  visit  the 
schools  and  de2:)artments  under  their  supervision  at  least  twice 
each  quarter  and  to  present  a  report  to  the  board  at  its  next 
regular  meeting  after  anv  such  visits  have  been  made. 

Money  to  be  Held  by  City  or  Village  Treasurer. —  All  moneys 
raised  for  the  support  of  union  free  schools  in  any  incorporated 
village,  or  apportioned  to  such  schools  from  the  income  of  the 
literature,  the  common-school,  or  the  United  States  deposit  funds, 
or  from  any  other  source,  must  be  paid  into  the  treasury  of  such 
village.  This  fund  must  be  kept  by  the  treasurer  separate  from 
all  other  funds  in  his  possession.  The  treasurer  is  also  required 
to  give  such  additional  security  for  the  safe  keeping  of  this 
money  as  the  corporate  authorities  may  require. 

How  Money  Shall  be  Disbursed. —  Before  any  of  such  money 
shall  be  disbursed  the  board  of  education  must  pass  a  resolution 
directing  what  amount  shall  be  expended  and  the  purpose  or  pur- 
poses for  which  it  shall  be  used.  Upon  such  resolution  of  the 
board,  drafts  shall  be  drawn  by  the  president  and  countersigned 
by  the  secretary  or  clerk.  These  drafts  should  show  the  purposes 
for  which  the  money  is  expended. 

Moneys  to  be  Held  by  Treasurer  of  Board. —  All  moneys  raised 
in  a  union  free-school  district  whose  boundaries  do  not  coincide 
with  those  of  an  incorporated  village,  and  all  moneys  appor- 
tioned to  such  districts  from  any  fund  or  source  shall  be  paid  to 
the  treasurer  of  the  board  of  education. 

Disbursement  of  Such  Moneys. —  Moneys  in  these  districts 
shall  be  disbursed  in  the  same  manner  as  they  are  by  treasurers 
of  incorporated  villages. 


BOARD   UF   EDUCATION I'OWEKS   AND   DUTIES  II 3 

Supervision  of  Commissioner  of  Education. —  The  Commis- 
sioner of  Education  has  general  supervision  ot  eacli  and  every 
union  free  school  and  all  its  departments.  He  also  has  general 
supervision  of  boards  of  education  and  their  management  of  the 
school  system. 

Boards  to  Make  Reports. —  On  the  first  day  of  August  of  each 
year  every  board  of  education  must  tile  with  the  town  clerk  of  the 
town  in  which  the  schoolhouse  of  its  district  is  located,  a  report 
to  the  Commissioner  of  Education  for  the  school  year  ending 
July  31st  preceding.  The  report  should  include  all  information 
required  by  law  and  all  that  the  Commissioner  of  Education  shall 
require.  Boards  of  education  must  also,  upon. the  request  of  the 
Commissioner  of  Education,  make  a  special  report  to  him  on  any 
designated  subject  relating  to  the  condition  of  their  school  or 
schools.  The  board  is  required  to  publish  once  in  each  year  diu"- 
ing  the  month  of  July  in  at  least  one  public  newspaper  printed  in 
the  district  a  full  and  detailed  account  of  all  moneys  received  by 
it  or  the  treasurer  of  the  district  for  its  use  and  of  all  moneys 
expended,  giving  the  items  of  expenditure  in  full.  If  no  paper 
is  published  in  the  district  the  board  shall  publish  such  account 
by  posting  copies  in  five  public  places  in  the  district.  The  pro- 
visions of  L.  1921,  ch.  284,  require  that  this  report,  when  pub- 
lished in  a  newspaper,  be  printed  at  the  rates  prescribed  by  law 
for  the  pul)lication  of  legal  notices.  If  the  publishers  refuse  to 
print  for  such  rates,  publication  in  the  newspaper  so  refusing 
may  be  omitted  and  the  notices  posted  in  lieu  of  such  publication. 

Board  of  Education  May  Adopt  an  Academy  as  an  Academic 
Department. —  If  an  academy  exists  in  a  district  organized  as  a 
union  free-school  district,  the  board  of  education,  if  directed  by  a 
vote  of  the  district  to  do  so,  may  adopt  such  academy  as  the 
academic  department  of  the  union  free-school  district.  Consent 
to  such  transaction  must,  of  course,  be  obtained  from  the  trustees 
of  such  academy.  The  trustees  of  such  academy,  when  they  ha\e 
given  such  consent,  should  pass  a  resolution  declaring  their  ofBce 
as  trustees  vacant.  A  certificate  to  the  efifect  that  such  resolution 
was  adopted  should  1)e  signed  by  the  ofificers  of  the  board  of  trus- 
tees of  such  academy  and  filed  in  the  office  of  the  clerk  of  the 
coimty  in  which  such  academy  is  located.  After  these  various 
steps  have  been  taken  such  academy  becomes  the  academic  de- 
partment of  such  union  free  school. 

Board  May  Lease  an  Academy. —  The  board  (^f  education  of  a 
union  free-school  district,  with  the  approval  of  the  Commissioner 
of  Education,  may  adopt  an  academy  as  the  academic  department 
thereof,  and  contract  for  the  instruction  therein  of  pupils  of 
academic  grade,  residing  in  the  district.  The  academy  thereupon 
becomes  the  academic  department  of  such  union  free  school,  and 
the  district  is  entitled  to  the  same  rights  and  privileges,  is  subject 


114  NEW    YORK    SCHOOL   LAW 

to  the  same  duties,  and  the  apportionment  and  distribution  of 
State  school  money  shall  be  made  to  it,  as  if  an  academic  depart- 
ment had  been  established  in  such  school. 

Expenses  of  Representatives  of  Boards  of  Education  to  Attend 
Educational  Meetings  is  Not  a  Proper  Public  Charge. —  In  July, 
1899,  the  clerk  and  two  members  of  the  board  of  education  of  the 
city  of  Syracuse  attended  the  annual  meeting-  of  the  National  Ed- 
ucational Association  at  Los  Angeles,  Cal.  These  representa- 
tives attended  under  direction  from  the  board  of  education. 
Their  legitimate  expenses  in  attending  this  meeting  were  audited 
by  the  board  of  education.  An  action  was  brought  by  a  taxpayer 
of  the  city  of  Syracuse  to  restrain  the  board  of  education  from 
paying  these  expenses.  The  Supreme  Court  held  that  such  ex- 
penses were  not  a  proper  public  charge.  An  appeal  was  taken 
from  the  action  of  the  court  to  the  rVppellate  Division.  This 
court  for  the  fourth  department  affirmed  the  action  of  the  Su- 
preme Court.  There  is  no  doubt  but  that  tlie  ruling  of  the  court 
in  this  matter  applies  to  the  powers  of  each  board  of  education 
in  the  State.     (52  App.  Div.  579.) 

Issue  Certificate  of  Indebtedness. —  \\  hen  taxes  have  been 
levied  by  a  district,  but  not  collected,  the  board  of  education  of  a 
district  may  borrow  money  to  an  amount  not  to  exceed  the 
amount  of  such  uncollected  taxes  for  the  purposes  of  meeting  the 
expenses  of  the  current  fiscal  year.  This  money  may  be  bor- 
rowed by  issuing  certificates  of  indebtedness  which  must  be 
signed  by  the  president  and  clerk  of  the  board.  Such  certificates 
must  be  payable  within  the  current  fiscal  year  or  within  nine 
months  thereafter.  They  shall  bear  a  rate  of  interest  not  to 
exceed  six  per  cent. 

Night  Schools. —  A  board  of  education  may  establish  night 
schools  free  to  all  residents  of  the  district.  A  person  over 
twenty-one  years  of  age  is  therefore  entitled  to  attend  a  night 
school  when  one  has  been  established,  without  the  payment  of 
tuition.  They  may  also  prescribe  courses  of  study  therein. 
Under  the  provisions  of  chapter  409  of  the  Laws  of  1918  night 
schools  must  be  established  and  maintained  for  at  least  seventy- 
five  nights  during  the  school  year  in  each  district  where  twenty 
or  more  minors  between  the  ages  of  sixteen  and  twenty-one  years  are 
required  to  attend  school  or  where  twenty  or  more  persons  over 
the  age  of  sixteen  years  make  application  therefor. 

Kindergartens. —  A  board  of  education  may  establish  kinder- 
gartens which  shall  be  free  to  all  resident  children  of  the  district 
between  the  ages  of  four  and  six  years. 

Medical  Inspection. —  The  board  of  education  of  each  union 
free-school  district  is  required  to  employ,  at  a  compensation  to  be 
agreed  upon  by  the  parties,  a  competent  physician  to  make  inspec- 
tions  of  pupils   attending   the   pul:)lic    schools   in    such    district. 


REVIEW    QUESTIONS  1 15 

Such  board  may  also  employ  one  or  more  school  nurses,  who 
must  be  registered  trained  nurses  and  authorized  to  practice  as 
such.  The  expense  of  such  medical  inspection  is  a  charge  upon 
the  district.  The  chapter  on  medical  inspection  treats  this 
subject  fully. 

REVIEW  QUESTIONS 

How  are  rules  for  the  government  of  a  board  of  education  adopted?  What 
regulations  may  a  board  adopt  for  schools?  Explain,  the  relation  of  a 
teacher  to  such  regulations. 

Who  is  the  proper  authority  to  adopt  courses  of  study  for  union  free 
schools?  Who  determines  how  pupils  shall  be  graded,  classified  and  pro- 
moted? In  what  subject  are  boards  of  education  required  by  special  provision 
of  laiv  to  provide  for  instruction?  What  authority  has  a  board  of  education 
in  determining  the  text-books  to  be  used  in  their  school?  When  may  a  board 
provide  text-books  for  pupils? 

When  may  a  board  purchase  a  site?  Erect  buildings?  Repair  buildings? 
Purchase  furniture  or  apparatus?  Hire  school-rooms  and  furnish  them? 
What  is  the  duty  of  a  board  in  relation  to  insuring  property?  How  may 
premiums  for  such  insurance  be  raised?  Who  is  the  custodian  of  the  prop- 
erty owned  b}^  a  union  free-school  district?  What  does  such  property  in- 
clude?    Is  such  property  subject  to  taxation? 

Wheil  may  a  board  sell  real  property  of  the  district?  How  is  title  to  such 
property  transferred?  What  disposition  must  be  made  of  the  money  thus 
realized?  When  may  a  board  exchange  real  estate?  What  power  has  a 
board  relative  to  holding  property  in  trust? 

What  general  control  of  schools  under  its  jurisdiction  has  a  board  of  edu- 
cation? By  what  authority  is  the  control  of  a  board  limited?  Who  deter- 
mines the  conditions  under  which  non-resident  pupils  are  admitted?  What  is 
the  law  relative  to  tuition  of  such  pupils  in  cases  where  their  parents  or 
guardians  are  taxed  for  school  purposes?  When  may  separate  schools  for 
colored  children  be  employed?  May  colored  children  be  excluded  from  a 
publfc  school?  By  whom  are  teachers  employed?  What  prohibition  is  there 
relative  to  the  teachers  that  a  board  may  employ?  What  is  the  law  relative 
to  the  contract  between  teachers  and  board?  What  should  such  contract 
express?  For  what  causes  may  a  board  remove  a  teacher?  What  power  has 
a  board  of  education  to  fill  a  vacancy  on  such  board?  What  power  has  a 
board  to  remove  any  of  its  members?  What  is  the  duty  of  a  board  in  pro- 
viding water-closets  and  in  keeping  them  in  proper  condition?  What  in 
relation  to  outside  stairways?  What  general  powers  of  trustees  of  common- 
school  districts  are  conferred  upon  boards  of  education?  What  poAvers  of 
trustees  of  academies? 

When  may  a  board  of  education  appoint  a  superintendent  of  schools?  How 
is  the  population  of  such  district  determined?  By  whom  are  the  duties  of 
such  superintendent  prescribed?  How  may  he  be  removed  from  office?  What 
amount  is  such  district  entitled  to  receive  from  the  State  for  employing  such 
superintendent? 


ii6 


NEW    YORK    SCHOOL    LAW 


What  records  are  boards  required  to  keep?  Who  may  inspect  such  records? 
State  fully  what  is  required  of  boards  relative  to  publishing  receipts  and  dis- 
bursements. What  estimates  are  boards  required  to  present  to  annual  meet- 
ings? What  action  should  be  taken  upon  such  estimate  at  a  district  meeting? 
What  estimates  may  be  reduced?  What  estimates  cannot  be  reduced?  What 
estimates  may  be  increased?  If  a  district  meeting  should  refuse  to  vote  a 
tax  for  teachers'  salaries,  what  action  may  a  board  take?  What  in  case  of 
contingent  expenses?  How  may  disputes  relative  to  contingent  expenses  be 
settled?  When  should  a  board  of  education  present  an  estimate  to  the  corpo- 
rate authorities  of  a  city  or  village?  For  what  should  such  estimate  be  made? 
What  is  the  duty  of  such  corporate  authorities  when  such  estimate  is  properly 
presented  to  them?  What  is  the  duty  of  such  corporate  authorities  when  the 
district  has  voted  an  expenditure  for  sites  or  buildings? 

What  meetings  must  boards  of  education  hold?  How  often?  Must  these 
meetings  be  public?  What  are  executive  meetings?  What  provision  should 
a  board  make  for  visitation  of  schools? 

Who  holds  the  school  funds  in  a  union  free-school  district  whose  boundaries 
coincide  with  those  of  an  incorporated  village  or  a  city?  How  must  the  funds 
of  such  district  be  kept?  What  additional  security  must  such  treasurer  give? 
How  are  the  funds  of  such  district  disbursed?  Who  holds  the  funds  of  a 
union  free-school  district  whose  boundaries  do  not  coincide  with  those  of  an 
incorporated  village  or  a  city?     How  are  such  funds  disbursed? 

What  supervision  has  the  Commissioner  of  Education  over  union  free- 
schools?  Over  boards  of  education?  What  reports  are  boards  of  education 
required  to  make?  When?  To  whom?  Where  should  each  report  be  filed? 
What  information  should  it  contain? 

When  may  an  academy  be  adopted  as  the  academic  department  of  a  union 
free  school?  State  fully  what  steps  should  be  taken  in  proceedings  of  this 
kind.  When  may  a  board  lease  an  academy  and  its  site?  What  is  the  rule 
in  relation  to  the  payment  of  expenses  of  members  of  boards  of  education 
while  attending  educational  conventions?  Explain  the  authority  of  a  board 
of  education  to  issue  certificates  of  indebtedness.  Who  may  establish  night 
schools?  Who  is  eligible  to  attend?  Who  possesses  the  power  to  estajjlish 
kindergartens  ?  What  is  the  power  and  duty  of  the  board  with  respect  to  the 
employment  of  a  medical  inspector?  School  nurse?  When  may  a  board  of 
education  authorize  the  medical  inspection  of  children  in  attendance  upon 
schools? 


CHAPTER  XIV 

ASSESSMENT  AND  COLLECTION   OK  DISTRICT  TAXES 
[Article  15] 

Assessment  of  Taxes  by  Trustees. —  It  is  the  duty  of  the  trus- 
tees to  assess  upon  the  taxable  property  of  the  district  all  taxes 
voted  by  a  district  meeting  for  the  current  school  year  and  to 
make  out  a  tax-list  immediately  therefor.  A  tax  voted  for  the 
ensuing  school  year  should  be  assessed  and  the  tax-list  therefor 
issued  within  thirty  days  after  August  first  following.  The  courts 
of  the  State  have  held,  however,  that  the  law  in  this  respect  is  only 
directory  and  that  the  trustees  may  issue  a  tax-list  and  warrant 
after  the  expiration  of  thirty  days  from  the  date  the  tax  was  voted. 

In  assessing  a  tax  voted  by  the  district,  trustees  may  a^so 
assess  at  the  same  time  a  tax  which  they  are  authorized  to  assess 
without  a  vote  of  the  district  and  may  include  two  or  more  taxes 
in  one  tax-list. 

A  tax-list  is  not  complete  until  it  has  passed  from  the  trustees 
to  the  officer  whose  duty  it  is  to  collect  it,  and  any  time  before 
its  completion  it  may  be  altered  and  amended  by  the  trustees. 

Chapter  502,  Laws  of  1902,  provides  that  any  town  in  St.  Lawrence  county 
may  adopt  a  uniform  system  of  taxation  for  school  purposes  at  a  biennial 
town  meeting.  The  details  of  the  law  may  be  found  by  consulting  the  session 
laws  of  1902. 

Chapter  293,  Laws  of  1920,  provides  that  in  Suffolk  county  tlie  trustees  or 
board  of  education  of  a  scliool  district  may  borrow  money  on  temporary 
loans  in  anticipation  of  taxes  levied  in  such  district,  for  the  purposes  for 
wliich  such  taxes  are  levied,  but  shall  not  borrow  in  excess  of  the  amount  of 
such  taxes.  Such  loans  shall  be  payable  out  of  the  taxes  on  account  of  wliich 
they  are  made,  and  in  no  case  shall  interest  run  on  any  such,  loans  after  such 
taxes  are  collected. 

Heading  on  Tax-List. —  The  law  directs  that  trustees  shall 
prefix  to  each  tax-list  a  heading  showing  the  purpose  for  which 
the  different  items  of  the  tax  are  raised.  Any  tax-list  not  con- 
taining this  heading  will  upon  appeal  be  set  aside  by  the  Com- 
missioner of  Education.  The  details  of  each  item  need  not  be 
set  forth.  If  an  item  is  for  repairs,  it  is  sufficient  to  state,  "  For 
repairs  on  schoolhouse,  $25.00,"  and  it  is  not  necessary  to  give 
each  item  included  in  such  repairs. 

Form  of  Tax-List. —  In  making  out  a  tax-list  trustees  should 
rule  the  necessary  columns  to  give  the  information  required  in 

117 


Il8  NEW    YORK    SCHOOL   LAW 

the  form  recommended  by  the  State  Tax  Commissioners  to  town 
collectors.     The  following  form  is  recommended : 

1.  The  first  column  should  contain  the  names  of  all  the  persons 
and  corporations  liable  to  taxation  in  the  district. 

2.  The  second  column  should  show  the  ntimber  of  acres  of  land 
to  be  taxed  to  each  person  or  corporation,  and  should  contain  a 
description  of  the  property  taxed. 

3.  The  third  column  should  give  the  assessed  valuation  of  such 
land. 

4.  The  fourth  column  should  give  the  full  value  of  all  the  taxa- 
ble personal  property  of  each  of  the  persons  or  corporations 
named  in  the  first  column. 

5.  Value  of  special  franchise. 

6.  Valuation  of  taxable  rents  reserved. 

7.  The  total  tax  assessed  against  each  individual  or  corpora- 
tion. 

Trustees  cannot  place  upon  a  tax-list  the  uncollected  taxes  of 
some  former  tax-list.  They  cannot  increase  the  assessment  upon 
the  property  included  in  a  tax-list  to  make  up  a  loss  caused  by  a 
failure  to  assess  property  upon  a  former  list.  If  property  is 
omitted  from  a  tax-list  and  the  mistake  is  not  discovered  until 
the  taxes  are  collected  and  the  warrant  is  returned,  it  is  too  late 
to  remedy  the  mistake. 

Apportionment  of  Taxes  Upon  Real  Estate. —  Trustees  must 
apportion  district  taxes  upon  all  real  estate  within  the  boundaries 
of  the  district,  except  that  which  is  exempt  by  law  from  taxation. 
Such  property  must  be  assessed  to  the  person  or  corporation 
owning  or  possessing  it  at  the  time  the  tax-list  is  made  out. 

Real  Estate  Lying  in  One  Body  but  in  Two  or  More  Dis- 
tricts.  Lands  lying  in  one  body  but  located  in  two  or  more 

school  districts,  and  occupied  by  the  same  person  either  as  owner 
or  as  agent  for  the  same  principal  or  tenant  under  the  same  land- 


ASSESSMENT  AND  COLLECTION  OF  DISTRICT  TAXES  II9 

lord,  if  assessed  as  one  lot  by  the  town  assessors,  are  taxable  in 
the  district  in  which  the  occupant  of  such  lands  resides. 

In  cases  of  this  kind  four  conditions  must  be  found  to  exist  in 
order  to  authorize  an  assessment  of  the  entire  property  in  that 
district  in  which  the  occupant  resides.     These  are : 

First.  The  land  must  lie  in  one  body.  It  is  not  sufficient  that 
such  lands  shall  be  joined  by  a  mere  point.  There  must  be  an 
actual  line  of  contact. 

Second.  The  title  of  such  lands  must  be  vested  in  the  same  per- 
son. If  there  is  a  joint  ownership  of  such  lands,  they  cannot  be 
assessed  under  this  provision. 

Third.  The  occupancy  of  such  lands  must  be  determined.  The 
whole  body  of  such  land  must  be  occupied  by  one  person.  This 
person  must  be  either  the  owner  of  such  lands  or  the  agent  or  tenant 
of  one  and  the  same  landlord. 

Fourth.  The  lands  must  have  been  assessed  as  one  lot  on  the 
last  assessment  roll  of  the  town  after  revision  by  the  assessors. 

All  lands  of  this  description  which  do  not  comply  with  the  four 
provisions  above  given,  must  be  assessed  for  their  respective  por- 
tions in  the  district  in  which  such  parts  are  located. 

Assessment  of  Vacant  Land. —  Wlien  any  real  estate  within 
a  district  so  liable  to  taxation  shall  not  be  occupied  and  improved 
by  the  owner,  his  servant  or  agent,  and  shall  not  be  possessed  by 
any  tenant,  the  trustees  of  any  district,  at  the  time  of  making  out 
any  tax-list  by  which  any  tax  shall  be  imposed  thereon,  shall  make 
and  insert  in  such  tax-list  a  statement  and  description  of  evety 
such  lot,  piece  or  parcel  of  land  so  owned  by  nonresidents 
therein,  in  the  same  manner  as  required  by  law  from  town  assess- 
ors in  making  out  the  assessment-roll  of  their  towns;  and  if  any 
such  lot  is  known  to  belong  to  an  incorporated  company  liable 
to  taxation  in  suah  district,  the  name  of  such  company  shall  be 
specified,  and  the  value  of  such  lot  or  piece  of  land  shall  be  set 
down  opposite  to  such  description,  which  value  shall  be  the  same 


120  Xi:\V    YORK    SCHOOL    LAW 

that  was  affixed  to  such  lot  or  piece  of  land  in  the  last  assess- 
ment-roll of  the  town ;  and  if  the  sarhe  was  not  separately  valued 
in  such  roll,  then  it  shall  be  valued  in  proportion  to  the  valuation 
which  was  affixed  in  llie  said  assessment-roll  to  the  whole  tract 
of  which  such  lot  or  piece  shall  l)e  part. 

A  collector  cannot  levy  upon  and  sell  the  personal  propertv  of 
the  owner  of  non-resident  land. 

But  if  the  owner  of  real  estate  in  any  school  district  improves 
and  occupies  such  land  himself,  ur  causes  it  to  be  improved  or 
occupied  by  an  agent  or  servant,  such  owner,  in  regard  to  the 
liability  of  such  property  to  taxation,  is  considered  a  taxaljle  in- 
habitant of  such  district.  In  this  case  a  collector  could  seize  and 
sell  the  personal  property  of  the  owner  of  such  estate  for  the 
amount  of  school  taxes. 

If  such  real  estate  is  occupied  by  tenants  or  sub-tenants  they 
are  the  proper  persons  to  whom  such  property  should  be  as- 
sessed, and  not  the  owner  thereof.  If  such  tenants  improve  the 
land,  although  they  do  not  reside  on  it,  they  are  considered  under 
the  law  taxable  inhabitants  of  such  district. 

Assessment  of  Bank  Stock. —  A  board  of  education  should 
include  in  its  tax-list  real  property  owned  by  a  bank  or  banking 
association  organized  under  the  laws  of  the  State  or  of  the  United 
States  and  located  in  its  district.  However,  the  stock  of  such 
bank  and  the  bank's  personal  property  should  not  be  included  in 
such  tax  list.  Bank  stock  and  the  personal  property  of  a  bank  is 
assessed  by  the  board  of  supervisors  for  all  State,  county,  city, 
village,  town  and  school  district  purposes.  A  bank  is  required  to 
pay  a  tax  of  one  per  cent  on  the  value  of  its  stock  to  the  county 
treasurer  of  the  county  in  which  the  bank  is  located.  No  deduc- 
tion can  be  made  on  the  value  of  this  stock  because  of  the  per- 
sonal indebtedness  of  the  owners  of  such  stock.     The  tax  must 


ASSESSMKXT  AND  COLLECTIOX    OF  DISTRICT   TAXKS  121 

be  paid  on  or  before  the  thirty-lirst  day  of  December  annually. 
It  is  immaterial  where  the  holder  of  bank  stock  may  reside. 
Such  stock  is  assessable  in  the  tax  district  in  which  the  bank  is 
located.  The  value  of  a  share  of  bank  stock  is  determined  by 
adding-  together  the  amount  of  the  capital  stock,  the  surplus  and 
the  undivided  profits  and  dividing  this  sum  by  tlie  number  of 
shares  of  such  bank. 

Under  an  amendment  to  section  24g  of  the  Tax  Law  (L.  1917, 
ch.  494),  the  board  of  supervisors  of  the  several  counties  of  the 
state  are  required  to  ascertain  the  aggregate  assessed  valuation 
of  taxable  property  in  each  of  the  several  town,  city,  village, 
school  and  other  special  districts  in  their  counties  in  which  the 
shares  of  stock  of  banks  and  banking  associations  shall  be  taxa- 
ble. The  proportion  of  the  tax  upon  bank  stock  to  which  each  of 
such  districts  shall  be  entitled  shall  be  ascertained  by  taking  such 
proportion  of  the  tax  upon  the  shares  of  stock  of  banks  and 
banking  associations  taxable  in  such  districts  as  the  aggregate 
assessed  valuation  of  the  tax  district  shall  bear  to  the  aggregate 
assessed  valuation  of  all  the  town,  city,  village,  school  or  other 
special  districts  in  which  such  shares  of  stock  are  taxable.  Spe- 
cial provision  is  made  in  respect  to  the  banks  located  in  the  city 
of  Bufifalo  which  for  the  purpose  of  the  distribution  of  the  tax 
under  the  above  section  are  to  be  considered  as  if  the  city  of 
Buffalo  were  not  a  part  of  Erie  county.  'Jlie  clerks  of  the  several 
cities,  villages  and  school  districts  to  which  any  portion  of  the 
bank  tax  is  to  be  distributed  under  this  section  are  required  to 
report  annually  to  the  board  of  supervisors  under  oath  on  or 
before  the  first  of  each  year  the  aggregate  assessed  valuation  of 
each  city,  village  or  school  district  as  shown  by  the  last  assess- 
ment roll. 


122  NEW   YORK   SCTIOOL  LAW 

Taxes  on  Personal  Property. —  The  provisions  of  the  Tax  Law 
now  exempt  intangible  personal  property  and  personal  prop- 
erty of  manufacturing  and  mercantile  corporations  from  local 
taxation. 

Property  Exempt  from  Taxation. —  Under  tlie  tax  law  the  fol- 
lowing property  is  exempt  from  taxation  and  cannot  be  assessed 
for  school  purposes : 

1.  I'roi)erty  of  the  United  States. 

2.  Property  of  the  State  of  New  York  except  wild  or  forest 
lands  in  the  forest  preserve  or  other  property  which  special  acts 
make  assessable  in  certain  school  districts. 

3.  Property  of  a  municipal  corporation  held  for  public  use  and 
situated  within  the  corporation,  including  real  property  held  or  used 
for  cemetery  purposes. 

4.  Property  exempt  by  law  from  execution  other  than  an  exempt 
homestead.  The  tax  law  specifically  provides  that  real  property 
purchased  with  the  proceeds  of  a  pension  shall  be  assessable  for 
school  purposes. 

5.  The  real  property  of  a  corporation  or  association  organized 
exclusively  for  the  moral  or  mental  improvement  of  men  or  women, 
or  for  religious,  bible,  tract,  charitable,  benevolent,  missionary,  hos- 
pital, infirmary,  educational,  scientific,  literary,  library,  patriotic, 
historical  or  cemetery  purposes,  or  for  the  enforcement  of  laws 
relating  to  children  or  animals,  or  for  two  or  more  such  purposes, 
and  used  exclusively  for  carrying  out  thereupon  one  or  more  of  such 
purposes,  and  the  personal  property  of  any  such  corporation  shall 
be  exempt  from  taxation.  But  no  such  corporation  or  association 
shall  be  entitled  to  any  such  exemption  if  any  officer,  member  or 
employee  thereof  shall  receive  or  may  be  lawfully  entitled  to  receive 
any  pecuniary  profit  from  the  operations  thereof,  except  reasonable 
compensation  for  services  in  effecting  one  or  more  of  such  purposes, 
or  as  proper  beneficiaries  of  its  strictly  charitable  purposes;  or  if  the 
organization  thereof  for  any  such  avowed  purposes  be  a  guise  or 
pretense  for  directly  or  indirectly  making  any  other  pecuniary  profit 
for  such  corporation  or  association,  or  for  any  of  its  members  or 
employees,  or  if  it  be  not  in  good  faith  organized  or  conducted 
exclusively  for  one  or  more  of  such  purposes. 

6.  Real  property  not  exceeding  in  value  $15,000  of  an  incorpo- 
rated association  of  volunteer  firemen  when  such  property  is  used 
exclusivelv  bv  such  association. 


ASSESSMENT    AND    COLLECTION    OF    DISTRICT    TAXES 


123 


7.  The  real  property  of  an  agricultural  association  permanently 
used  by  it  for  exhibition  grounds. 

8.  The  dwelling  houses  and  lots  of  religious  corporations  while 
actually  used  by  the  officiating  clergymen  thereof.  The  total 
amount  of  such  exemption  of  any  one  religious  corporation  shall 
not  exceed  $2,000. 

9.  The  real  and  personal  property  of  a  minister  of  the  gospel  or 
priest  of  any  denomination  being  an  actual  resident  and  inhabitant 
of  this  State,  who  is  engaged  in  the  work  assigned  to  him  l)y  the 
church  or  denomination  to  which  he  belongs,  or  who  is  disabled  by 
impaired  health  from  the  performance  of  such  duties,  or  over  sev- 
enty years  of  age,  and  the  property  of  the  widow  of  such  minister 
while  she  remains  such  and  is  an  actual  resident  and  inhabitant  of 
this  State,  but  the  total  amount  of  such  exemption  on  account  of 
both  real  and  personal  property,  shall  not  exceed  fifteen  hundred 
dollars. 

10.  Household  furniture  and  personal  eltects  to  the  value  of  one 
thousand  dollars. 

Valuation  of  Property. —  Trustees  and  boards  of  education,  in 
making  out  a  tax-list,  must  ascertain  the  valuation  of  taxable 
property  so  far  as  possible,  from  the  last  assessment-roll  of  the 
town  after  such  roll  has  been  revised  by  the  assessors. 

Reduction  of  Valuation. —  The  valuation  of  any  property  shall 
not  be  reduced  from  that  given  in  the  town  assessment-roll,  unless 
the  persons  claiming  such  reduction  file  a  written  notice  of  such 
claim  with  the  trustees  before  the  tax-Hst  is  completed.  When 
such  claim  is  duly  filed  and  it  appears  that  the  property  in  question 
has  diminished  in  value  since  the  last  assessment-roll  of  the  town  was 
made,  or  it  appears  that  an  error  has  been  made  by  the  town  assess- 
ors, it  is  the  duty  of  the  trustees  to  ascertain  the  true  value  of  such 
property.  The  law  provides  that  they  sliall  give  notice  to  the  inter- 
ested parties  and  proceed  in  the  same  manner  as  town  assessors. 
If,  in  the  judgment  of  the  trustees,  such  claim  is  valid,  they  should 
reduce  the  valuation  of  the  property  and  make  out  their  tax-list. 
Such  tax-list  should  be  left  with  one  of  the  trustees  or  at  some 
place  where  interested  persons  can  inspect  it  for  at  least  twenty 
days  from  the  date  on  which  the  notice  of  the  completion  of  such 
tax-list  is  given.  The  notice  of  the  completion  of  sucli  tax-list  and 
of  the  original  assessment  must  be  posted  in  at  least  three  public 


124  NEW   YORK   SCHOOL   LAW 

places  in  the  district.  When  the  valuation  of  property  is  reduced 
the  interested  parties  are  all  the  tax-payers  of  the  district. 

Assessment  of  Property  by  Trustees. —  When  any  taxable 
property  of  the  district  is  not  included  in  the  assessment-roll  of 
the  town,  it  is  the  duty  of  trustees  to  place  such  property  on  the 
tax-list  of  the  district  and  give  it  a  valuation,  or  if  any  property 
shall  have  increased  in  valuation  since  the  last  assessment-roll  of 
the  town  was  revised,  it  is  the  duty  of  trustees  to  give  such 
property  an  increased  valuation.  In  either  of  these  cases,  trus- 
tees shall  serve  a  notice  of  their  action  on  the  person  so  assessed : 
it  is  not  necessary  to  post  notices  in  the  district. 

Equalization  of  Valuations  Within  Joint  Districts. —  When  a 
district  eml)races  parts  of  two  or  more  towns  the  trustee,  trus- 
tees, or  l)oard  of  education  of  such  district  may  upon  their  own 
motion  and  shall  upon  the  written  request  of  three  or  more  per- 
sons liable  to  pay  taxes  upon  real  property  in  such  district  secure 
from  the  last  completed  town  assessment-rolls  a  statement  of  the 
assessed  valuation  of  each  parcel  of  real  property  and  of  all  per- 
sonal property  subject  to  taxation  for  school  purposes  in  such 
district  and  shall  deliver  such  statement  to  the  district  superin- 
tendent of  the  supervisory  district  in  which  the  schoolhouse  ol 
such  district  is  located.  Such  district  superintendent  shall  imme- 
diately secure  from  the  State  Tax  Commission  a  statement  of  the 
rates  of  equalization  fixed  by  the  Commission  for  the  towns  in 
which  such  district  is  situated  and  shall  determine  the  full  valu- 
ation of  the  real  property  of  each  part  of  a  town  included  in  such 
district  by  dividing  the  total  assessed  valuation  of  such  real  prop- 
erty in  such  part  of  a  town  by  the  rate  of  equalization  fixed  b}- 
the  commission  for  such  town  and  shall  add  to  such  full  valuatior 
the  amount  of  all  assessments  of  personal  property  liable  to  tax- 
ation for  school  purposes  in  such  part  of  a  town.  Stich  district 
superintendent  shall  also  determine  what  proportion  of  any  tax 
thereafter  to  be  levied  in  such  district  for  school  purposes  shall 
be  levied  upon  each  part  of  a  town  included  in  such  district  bv 
dividing  the  sum  of  the  full  valuation  of  real  property  and  the 
assessed  valuation  of  personal  property  in  such  part  of  a  town  by 
the  total  of  all  such  full  valuations  of  real  property  and  assessed 
valuations  of  personal  property  in  such  school  district.  .Such 
proportions  should  be  expressed  in  the  nearest  exact  hundredths 
and  the  trustee  or  trustees  of  such  school  district  shall  thereafter 
levy  such  a  proportion  of  any  tax  to  be  raised  in  the  district  upon 
each  part  of  a  town  included  in  such  district  as  shall  have,  been 
determined  by  the  district  superintendent  until  a  new  determina- 
tion shall  have  been  made  in  accordance  with  the  provisions  of 
the  Education  T.aw. 

Apportionment  of  Valuation  of  Railroad,  Telegraph,  Tele- 
phone, Water  Pipe  Line  or  Gas  Companies  and  of  Special  Fran- 


ASSESSMENT    AND    COLLECTION'    OF   DISTRICT    TAXES  I25 

chises  Between  School  Districts. —  It  is  the  duly  of  the  assessors 
of  a  town  ill  which  a  railroad,  telegraph,  telephone,  water  pipeline 
or  gas  company  is  located  to  apportion  the  value  thereof  between 
the  several  school  districts  through  which  it  extends.  Such  a])- 
portionments  shall  be  entered  by  the  assessors  in  the  appropriate 
column  of  the  assessment-roll  and  a  certiiicate  thereof  signed  by 
the  assessors  or  a  majority  of  them  shall  be  filed  with  the  town  or 
city  clerk  within  five  days  thereafter,  and  thereupon  the  valuations 
so  apportioned  shall  become  the  valuations  of  such  property  in 
such  districts  for  the  purpose  of  taxation  for  the  ensuing  year. 

It  is  the  duty  of  the  town  clerk  to  furnish  the  trustees  of  the 
districts  interested  a  certified  statement  of  the  valuations  appor- 
tioned. If  the  assessors  refuse  to  make  such  apportionment,  the 
supervisor  of  the  town  must  make  it  either  upon  the  request  of 
the  trustee  of  a  district  or  of  the  corporation  assessed.  (Article  2, 
Tax  Law.) 

A  Person  Working  Land  on  Shares. —  A  tenant  working  land 
and  paying  a  share  of  the  produce  as  rent  is  lialjle  to  taxatic)n  for 
school  purpo>es  on  such  land.  In  all  cases  of  doubt  it  is  safer  to 
assess  taxes  to  the  owner  of  land  than  to  the  tenant. 

A  Person  in  Possession  Under  Contract. —  Any  person  in  pos- 
session of  real  property  under  contract  for  the  purchase  thereof 
is  liable  to  taxation  for  school  purposes  in  the  district  in  which 
such  property  is  located. 

Tenant's  Tax  Chargeable  to  Landlord. —  A  person  wlio  is 
tenant  at  will  or  for  three  years  or  a  shorter  period  of  time,  and 
who  pays  a  tax  upon  the  real  estate  of  which  he  is  in  possession, 
for  the  purpose  of  purchasing  a  site  for  a  schoolhouse,  or  for  pur- 
chasing, building,  or  repairing  a  schoolhouse,  or  for  supplying 
the  necessary  fuel  and  appurtenances,  may  require  the  owner  of 
such  real  estate  to  refund  the  amount  paid  for  such  taxes.  The 
owner  of  such  real  estate  could  not  be  compelled  by  the  tenant  to 
pay  such  tax  if  he  had  made  an  agreement  that  such  tenant 
should  pay  the  tax. 

Exempt  from  Taxation  for  Building  a  Schoolhouse. —  Any  tax- 
able inhabitant  of  a  district  shall  be  exempt  from  taxation  for  the 
purpose  of  building  a  schoolhouse  in  the  district  in  which  he  re- 
sides, under  the  following  conditions  :  Such  inhabitant  must  ha\e 
been  set  ofif  from  some  other  district  without  his  consent,  within 
four  years  previous  to  the  assessment  of  such  tax  and  such  in- 
habitant must  have  paid  within  that  period  in  the  district  from 
which  he  was  set  ofT  a  tax  for  building  a  schoolhouse  in  such 
other  district.  A  voluntary  contribution  toward  building  a  school- 
house  is  not  a  tax.  If  such  inhabitant  was  set  oflF  from  a  district 
7nth  his  consent,  he  is  not  exempt  from  the  taxation  in  question. 

Warrant  for  Collection  of  Taxes. —  The  warrant  for  the  collec- 
tion of  a  district  tax  should  be  issued  by  the  trustees  anrl  signed 


J26  ^'EW    YORK    SCHOOL    LAW 

by  them  or  a  majority  of  them.  A  warrant  may  be  signed  with  or 
without  seal.  It  is  the  official  document  which  gives  the  collector 
authority  to  collect  all  taxes  included  in  the  tax-list.  The  warrant 
confers  upon  a  school-district  collector  the  same  powers  that  are 
conferred  upon  town  collectors  by  the  warrant  of  the  board  of 
supervisors. 

Delivery  of  Warrant. — A  warrant  for  the  collection  of  any  tax 
voted  by  the  district  must  not  be  delivered  to  the  collector  until  the 
thirty-first  day  after  the  tax  is  voted. 

A  warrant  for  the  collection  of  a  tax  which  trustees  are  authorized 
to  raise  without  a  vote  of  the  district  may  be  delivered  to  the  col- 
lector whenever  it  is  completed. 

Trustees  should  take  a  written  receipt  from  a  collector  for  every 
tax-list  and  warrant  delivered  to  such  collector.  Such  receipt 
should  show  the  date  on  which  the  warrant  is  returnable  and  the 
amount  to  be  collected. 

Notice  of  Receiving  Taxes. — As  soon  as  the  collector  receives 
a  warrant  for  the  collection  of  taxes,  he  should  post  notices  in  at 
least  three  public  places  in  the  district- — ^one  of  these  notices  must 
be  on  the  outside  of  the  front  door  of  the  schoolhouse — stating 
that  such  warrant  has  been  received  by  him  and  that  during  the 
ensuing  thirty  days  from  the  date  of  such  notices  he  will  receive  all 
taxes  voluntarily  paid  to  him. 

If  there  is  any  assessment  on  the  tax-list  against  a  railroad  com^ 
pany  or  against  any  canal  or  pipe  line  company,  the  collector  must 
notify  such  company  either  personally  or  by  mail  at  least  twenty 
days  before  the  expiration  of  the  thirty  days  above  mentioned.  If 
a  collector  fails  to  give  such  notice,  he  will  be  entitled  to  receive 
only  one  per  cent  fees  for  the  collection  of  such  taxes.  This  notice 
may  be  filed,  in  the  case  of  a  railroad,  with  the  ticket  agent  of  such 
railroad  nearest  the  district  in  which  such  tax  is  assessed,  and  in 
the  case  of  a  canal  or  pipe-line  company,  with  the  president,  secre- 
tary, or  general  division  superintendent  or  manager  of  such 
company. 

If  the  tax  of  any  non-resident  is  more  than  one  dollar,  the  col- 
lector should  give  like  notice  to  such  nonresident,  if  his  post-office 
address  is  known  to  the  collector  or  if  the  collector  can  ascertain 
what  such  address  is  from  the  trustees  or  the  clerk  of  the  district. 

Notice  of  Assessment  and  Tax  to  Railroad  and  Other  Com- 
panies.— A    collector  within   five   days   after   receiving  a   tax   or 


ASSESSMENT    AND    COLLECTION    OF    DISTRICT    TAXES 


127 


assessment-roll  should  deliver  to  the  county  treasurer  a  statement 
showing  the  name  of  every  railroad,  telegraph,  telephone,  electric 
light  or  gas  company  appearing  on  such  roll,  the  assessment  of  real 
and  personal  property  against  such  company  and  the  amount  of  tax. 
The  county  treasurer  should  then  notify  the  ticket  agent  or  manager 
of  any  such  railroad,  telegraph,  telephone,  electric  light  or  gas  com- 
pany, at  the  station  nearest  to  the  office  of  such  treasurer  of  the 
receipt  of  such  statement  and  the  amount  of  tax  to  be  paid  by  such 
company. 

Such  Companies  May  Pay  Tax  to  County  Treasurer. — A  rail- 
road, telegraph,  telephone,  electric  light  or  gas  company  may  pay 
its  school  tax.  within  thirty  days  after  receiving  notice  that  such 
tax  has  been  levied,  to  the  treasurer  of  the  county  but  must  add 
a  fee  of  one  per  centum  to  the  amount  of  such  tax.  A  railroad 
company  may  pay  its  tax  direct  to  the  collector  of  a  district. 

Company's  Failure  to  Pay  Tax  Within  Thirty  Days. —  If  such 
railroad,  telegraph,  telephone,  electric  light  or  gas  company  fails 
to  pay  its  tax  within  thirty  days,  the  county  treasurer  should  notify 
the  collector  of  the  school  district.  It  is  then  the  duty  of  the  col- 
lector to  proceed  to  collect  such  tax  with  five  per  centum  thereon. 
A  collector  cannot  legally  proceed  to  the  collection  of  such  tax  pre- 
vious to  the  receipt  of  such  notice  from  the  county  treasurer. 

County  Treasurer  Must  Pay  Funds  to  the  Collector. —  The 
county  treasurer  should  pay  any  tax  paid  to  him  by  any  such  com- 
pany to  the  collector  of  the  district  by  which  such  tax  was  levied, 
together  with  the  one  per  cent  fee  collected  on  such  tax. 

Renewals  of  Warrants. —  If  any  of  the  taxes  on  a  tax-list  are 
not  paid  previous  to  the  expiration  of  the  trustees'  warrant,  the 
trustees  may  renew  such  warrant  and  allow  the  collector  additional 
time  to  collect  such  unpaid  taxes.  This  renewal  should  be  indorsed 
upon  or  attached  to  the  original  warrant  and  should  state  the  period 
of  time  for  which  it  is  issued.  A  warrant  may  be  renewed  more 
than  once,  but  the  approval  of  the  supervisor  of  the  town  in  which 
the  district  is  located  is  necessary.  Where  such  approval  is  not 
obtained,  a  warrant  can  be  renewed  only  once. 

Amendment  or  Correction  of  Tax-List. —  \\Micnever  the  trus- 
tees discover  that  an  error  has  been  made  in  the  tax-list,  such  tax- 
list  may  be  amended  or  corrected  upon  application  to  the  Commis- 
sioner of  Education.  The  application  should  state  the  exact  facts 
10 


128  NEW   YORK   SCHOOL  LAVv" 

relative  to  such  error,  the  date  of  the  tax-hst,  and  the  number  of  the 
district  and  the  name  of  the  town  in  which  such  district  is  located. 

Filing  Tax-List  and  Warrant, —  Within  fifteen  days  after  any 
lax-list  and  warrant  has  been  returned  by  a  collector  to  the  trus- 
tees of  a  district,  such  trustees  should  deliver  such  tax-list  and 
warrant  to  the  town  clerk  of  the  town  in  which  the  collector  resides. 

Trustees  May  Sue  for  Tax. —  W'lien  any  tax  on  a  tax-list  has 
not  been  paid,  either  by  an  individual  or  a  corporation,  within  the 
time  permitted  by  the  warrant  or  the  renewal  of  a  warrant,  the 
trustees  may  in  their  name  of  office  sue  such  individual  or  corpo- 
ration for  such  unpaid  taxes. 

Trustees  May  Sue  Collector's  Bond. —  Tor  all  forfeitures  to 
which  a  collector  is  liable  and  for  all  money  which  he  may  neglect 
or  refuse  to  pay  to  his  successors  in  office,  or  the  treasurer  of  the 
district,  the  trustees  may  sue  the  bond  of  such  collector. 

Collector's  Return  of  Unpaid  Taxes. —  The  law  provides  that  a 
collector  shall  make  a  return  to  the  trustees  of  all  unpaid  taxes 
on  real  estate  and  upon  nonresident  stockholders  in  banking 
associations  organized  under  the  laws  of  congress.  This  return 
must  be  made  at  the  time  the  collector  returns  his  warrant  to  the 
trustees.  A  copy  of  that  part  of  the  assessment-roll  unpaid  must 
be  made  by  the  collector,  and  he  must  make  an  affidavit  before 
some  person  authorized  to  administer  oaths  that  the  taxes  named 
in  such  copy  are  unpaid,  and  that  after  diligent  efforts  he  has 
been  unable  to  collect  the  same.  After  a  collector  has  pursued 
this  course,  the  trustees  should  credit  him  with  the  amount  of 
such  unpaid  taxes,  and  thus  relieve  him  from  the  liability  result- 
ing from  negligence  in  collecting. 

Trustees'  Certificate  to  County  Treasurer. —  As  soon  as  the 
trustees  of  any  district  receive  such  return  from  a  collector,  they 
should  compare  it  wnth  the  original  tax-list,  and  if  they  find  it  to 
be  a  true  copy,  they  should  attach  thereto  their  certificate  show- 
ing that  they  have  made  such  comparison  and  that  they  find  such 
return  correct.  The  trustees  should  then  transmit  the  return  of 
tlie  collector  of  such  unpaid  taxes,  together  with  the  collector's 
affidavit  and  their  certificate,  to  the  county  treasurer. 

Collection  of  Such  Unpaid  Taxes. — The  county  treasurer  should 
present  to  the  board  of  supervisors  of  the  county  the  collector's 
return  of  such  unpaid"  taxes,  the  collector's  affidavit,  and  the  cer- 
tificate of  comparison  by  the  l)oard  of  education;  and  such  board 


REVIEW    QUESTIONS 


129 


of  supervisors  should- thereupon  assess  the  amount  of  such  unpaid 
taxes,  with  seven  per  cent  of  such  sum  in  addition  thereto,  upon  the 
very  same  property  upon  which  the  board  of  education  originally 
assessed  .the  tax.  If  such  taxes  are  then  paid,  a  return  should  be 
made  to  the  county  treasurer.  If  these  taxes  should  not  be  paid, 
the  county  treasurer  sh.ould  render  an  account  thereof  to  the  State 
Comptroller,  and  that  officer  should  sell  the  land  on  which  such 
taxes  are  assessed  as  the  law  directs. 

Any  person  against  whom  such  unpaid  taxes  stand  ma\'  \olun- 
tarily  pay  such  tax,  with  five  per  cent  in  addition  thereto,  to  the 
county  treasurer,  any  time  before  the  board  of  suj)ervisors  have 
directed  that  such  -tax  be  levied. 

Payment  of  Such  Unpaid  Taxes  by  County. —  The  county 
treasurer  upon  receiving  the  required  papers  to  be  filed  with  him, 
should  pay  to  the  collector  of  the  district  in  which  such  taxes  were 
levied  the  amount  of  such  unpaid  taxes  from  the  contingent  fund 
or  money  raised  for  the  purpose  of  paying  such  taxes.  If  there  is 
no  contingent  or  other  fund  available  for  this  purpose  at  the  time 
of  levying  such  unpaid  taxes,  the  board  of  supervisors  shall  pay  to 
the  district  the  amount  of  such  taxes  which  has  been  relevied. 

Collector's  Receipt. —  The  tax  law  requires  a  school  district 
collector  to  give  a  written  or  printed  receipt  to  each  person  paying 
a  tax.  This  receipt  must  show  the  date  of  payment,  name  of  i)cr- 
son.  description  of  property,  amount  of  tax,  date  of  delivery  of 
assessment  roll.  The  trustee  must  supply  the  collector  with  a  book 
of  receipts  in  form  approved  by  the  State  Tax  Connuissioners.  Tn 
issuing  such  receipt  the  collector  must  fill  in  the  blank  stubs  the 
essential  facts  called  for  in  the  receipt. 

REVIEW  QUESTIONS 

Who  is  charged  Avith  the  duty  of  making  out  a  district  tax-list  in  a  union 
free-school  district?  When  should  a  tax-list  for  a  tax  voted  hy  such  dis- 
trict be  made  out?  \Miat  have  the  courts  ruled  on  this  question?  What  taxes 
may  a  board  include  in  one  tax-list?  When  is  a  tax-list  complete?  When 
may  a  tax-list  be  altered?  Explain  the  nature  of  the  heading  which  should 
be  prefixed  to  a  tax-list.  Into  how  many  columns  should  a  paper  on  which 
a  tax-list  is  made  be  ruled?  State  the  information  which  should  be  given  in 
each  column.  Have  boards  the  power  to  include  in  a  tax-list  the  uncollected 
taxes  of  a  former  tax-list?  Have  they  the  power  to  assess  upon  property  a  tax 
to  meet  a  loss  caused  by  a  failure  to  assess  property  on  a  former  tax-list? 
When  can  the  omission  of  a  board  to  assess  property  be  corrected? 


130  NEW    YORK    SCHOOL   LAW 

Upon  what  real  estate  must  boards  assess  district  taxes?  To  whom  should 
such  property  be  assessed?  What  is  the  law  relative  to  asessing  real  estate 
lying  in  one  body  but  in  two  or  more  districts?  What  are  the  four  questions 
to  be  determined  in  these  cases?  How  must  such  lands  be  assessed  when 
they  do  not  comply  with  these  provisions?  What  is  non-resident  land?  How 
should  such  land  be  assessed?  State  fully  how  it  should  be  placed  upon  the 
tax-list?  How  should  it  be  described?  Can  a  collector  legally  sell  the  per- 
sonal property  of  the  owner  of  non-resident  land  for  a  tax  on  such  land? 
When  a  non-resident  owns  real  estate  in  a  school  district  and  when  he  im- 
proves such  property  himself  or  causes  it  to  be  improved  by  an  agent,  what  is 
his  liability  for  taxes?  When  such  property  is  occupied  by  tenants  or  sub- 
tenants, to  whom  should  it  be  assesed?  What  propertj-  owned  by  a  bank  or 
banking  association  may  be  taxed?  May  bank  stock  be  taxed?  Explain 
how  a  bank  pays  its  school  taxes. 

What  personal  property  should  be  assessed  b}-  boards  for  district  taxes? 
How  is  the  valuation  of  property  ascertained  by  boards?  State  ten  classes 
of  property  exempt  from  taxation  for  school  purposes.  Have  boards  the 
power  to  reduce  the  valuation  of  property?  What  must  a  person  do  who 
desires  the  valuation  of  his  property  reduced?  What  is  the  duty  of  boards 
when  such  claim  is  tiled?  If  a  board  at  anj^  time  changes  the  valuation  of 
property,  what  should  such  board  do?  What  notice  of  completion  of  tax-list 
must  be  given?  When  the  valuation  of  property  is  reduced  who  are  inter- 
ested parties?  What  is  the  duty  of  boards  in  relation  to  real  property  of  the 
district  not  found  on  the  town  assessment- roll?  What  is  their  duty  in  re- 
lation to  property  that  has  increased  in  value  since  the  last  town  assesssment- 
roll  was  revised?  What  is  their  duty  in  relation  to  personal  propert}-  not  on 
the  town  assessment-roll?  What  notice  should  be  given  in  any  of  these  three 
cases  when  property  is  assessed  by  a  board? 

Wlao  determines  wiiether  the  property  ci  a  district  located  in  two  or  more 
towns  is  equitably  assessed?  When  is  a  district  superintendent  required  to 
act  in  this  capacity? 

Explain  how  the  apportionment  of  values  is  made  in  the  case  of  certain 
corporations.  When  is  a  tenant  liable  for  taxes  on  land?  In  cases  of  doubt, 
to  whom  should  such  land  be  assessed?  Who  is  liable  to  taxation  for  real 
property  which  is  in  the  possession  of  a  person  under  a  contract  of  purchase? 
Under  what  conditions  and  for  what  taxes  may  a  tenant  require  his  landlord 
to  refund  the  amount  of  taxes  paid  by  such  tenant?  Under  what  conditions 
is  a  taxable  inhabitant  of  a  district  exempt  from  taxation  for  building  a 
schoolhouse? 

What  is  a  board's  warrant?  How  is  it  issued?  What  authorit>'  does  it 
give  a  collector?  When  may  a  warrant  for  a  tax  voted  by  the  district  be 
legally  delivered  to  the  collector?  When  maj-  a  warrant  for  a  tax  which 
boards  are  authorized  to  levy  without  a  vote  of  the  district  be  delivered  to 
the  collector?  What  general  notice  of  a  warant  for  taxes  should  a  collector 
give?  Where  should  such  notices  be  posted?  What  special  notice  should 
be  given  to  a  railroad  company  or  a  canal  or  pipe-line  company?  How  should 
such   notice   be   given?      How   would    a    failure   to   give    such    notice   affect 


REVIEW    QUESTIONS  X3l 

the  collector?  What  special  notice  should  be  given  to  non-residents? 
What  notice  should  be  given  to  the  county  treasurer  J  Explain  the  two  ways 
in  which  a  railroad  company  may  pay  its  tax.  How  should  such  notice  be 
given?  May  a  warrant  be  renewed?  By  whom?  In  what  manner?  May  a 
warant  be  renewed  more  than  once?     In  what  manner? 

When  may  a  tax-list  be  amended  or  corrected?  By  whom?  What  should 
the  application  for  this  purpose  show?  May  boards  sue  for  a  tax?  When? 
For  what  causes  may  a  board  sue  a  collector's  bond?  What  should  a  board 
do  with  a  tax-list  and  warant  returned  by  a  collector? 

To  whom  should  a  collector  make  a  return  of  unpaid  taxes?  When  should 
such  return  be  made?  How  should  it  be  made?  What  effect  does  such  re- 
turn have  upon  the  liabilitj'  of  the  collector?  Upon  receiving  such  return, 
what  action  should  a  board  take?  What  should  the  county  treasurer  do  to 
place  the  matter  properly  before  the  board  of  supervisors?  What  action 
should  be  taken  by  the  board  of  supervisors?  If  these  taxes  are  then  paid 
what  should  be  done  with  the  amount  paid?  If  these  taxes  are  not  paid, 
what  action  should  be  taken  bj'  the  county  treasurer?  What  should  the  comp- 
troller then  do?  How  may  this  amount  be  collected?  When  may  it  be 
voluntarily  paid?  From  what  fund  should  the  county  treasurer  pay  such 
tax?    To  whom?    If  there  is  no  such  fund  how  is  such  tax  paid? 


CHAPTER   XV 

SCHOOL  BUILDINGS,  SITES  AND  BONDS 

[Article  i6] 

SITES 

Designation  of  Site. —  A  site  for  a  schoolhouse  can  be  desig- 
nated at  a  special  meeting'  of  the  district.  A  special  meeting 
must  be  duly  called  for  that  purpose.  A  written  resolution  in 
which  the  proposed  site  is  descril)ed  l)y  metes  and  bounds  must 
be  adopted  by  a  majority  vote  of  the  qualified  voters  present  and 
voting.  The  vote  upon  such  resolution  must  be  by  taking  and 
recording  ayes  and  noes  or  by  ballot.  A  record  of  such  vote 
must  be  made. 

A  district,  at  a  special  meeting,  may  designate  two  or  more 
sites  with  the  approval  of  the  district  superintendent  having 
jurisdiction.  The  notice  of  such  special  meeting  must  state  the 
proposed  number  of  sites  that  will  be  voted  upon. 

Improvement  of  Site. —  The  voters  at  a  school  district  meet- 
ing may  vote  to  improve  the  site  or  sites  of  such  district  or  they 
may  vote  to  enlarge  such  site  or  sites. 

Tax  for  Site. —  The  voters  of  a  school  district  may  vote  a  tax 
to  purchase,  lease,  and  improve  the  sites  of  such  district.  This 
tax  must  be  levied  and  assessed  in  the  same  manner  as  taxes  for 
other  school  purposes. 

Change  of  Site. —  The  legal  voters  of  a  district  may  by  a 
majority  vote  at  a  special  meeting  called  for  that  purpose,  adopt 
a  w-ritten  resolution  designating  a  new  site  and  describing  it  by 
metes  and  bounds.  The  vote  on  such  resolution  must  be  by  bal- 
lot or  by  taking  and  recording  the  ayes  and  noes. 

Acquisition  of  Sites. —  Where  the  owners  of  land  will  not  con- 
sent to  the  sale  of  such  lands  for  sites  for  school  buildings,  such 
lands  may  be  acquired  without  their  consent  under  the  provisions 
of  the  Condemnation  Law. 

132 


SITES,    SCHOOL    BtaLDIXGS,    BONDS,   ETC.  I33 

The  following-  property  cannot  be  taken  by  this  method  with- 
out the  consent  of  the  owners : 

1.  A  homestead  occupied  as  such  by  the  owner.  Except  such 
portion  thereof  as  may  appear  to  the  Court  to  be  unnecessary  for 
the  reasonable  use  and  enjoyment  thereof. 

2.  A  garden,  orchard,  or  any  part  thereof,  not  witliin  a  city 
which  has  existed  for  a  period  of  one  year  prior  to  the  beginning 
of  the  condemnation  proceedings. 

3.  A  yard  or  inclosure,  or  any  part  thereof,  necessary  to  the 
use  or  enjoyment  of  buildings. 

4.  Fixtures  or  erections  for  the  purposes  of  trade  or  manufac- 
ture which  have  existed  for  a  period  of  one  year  prior  to  the 
beginning  of  the  condemnation  proceedings. 

5.  Paragraphs  2  and  3  shall  not  be  construed  as  prohibiting  the 
acquisition  by  condemnation  of  the  whole  of  a  city  or  village  lot 
together  A\ith  the  erections  and  improvements  thereon. 

Sale  of  Former  Site. —  Whenever  the  site  of  a  schoolhouse  is 
changed  as  provided  above,  the  legal  voters  of  the  district  at  a 
special  or  an  annual  meeting  duly  convened  may,  by  a  majority 
vote,  direct  the  sale  of  the  former  site  and  the  buildings  thereon 
at  such  price  nnd  terms  as  they  deem  proper. 

Transfer  of  Title. —  Tlie  trustees  or  a  majority  of  them,  when 
so  directed  1)\'  a  district  meeting,  may  execute  a  deed  transferring- 
the  interest  and  title  of  the  district  to  such  estate,  and  such  deed 
is  valid  and  binding. 

Bond  and  Mortgage  or  Other  Security. —  A\'lienevcr  a  district 
meeting  directs  that  credit  may  be  given  to  the  purchaser  of  such 
property  for  any  portion  of  the  amount  paid  therefor,  the  trustees 
have  authority  to  take  in  their  cor])oratc  name  security  l)v  bond 
and  mortgage  or  otherwise,  as  they  shall  deem  best.  The  trus- 
tees hold  such  security  as  a  corporation  and  should  account 
therefor  to  their  successors  in  office  and  to  the  district  in  the 
same  manner  as  they  are  now  required  by  law  to  accoimt  for 
moneys  received  by  them.  I'rustecs  in  their  official  capacity 
may  sue  for  and  recover  the  moneys  due  and  unpaid  uixjn  any 
security  so  taken  l)y  them  or  their  predecessors. 

Disposition  of  Proceeds. —  The  proceeds  derived  from  the  sale 
of  such  proper tv  nmst  be  applied  on  the  expense  of  procuring 
a  new  site,  of  removing  or  erecting  thereon  a  schoolhouse.  and 
of  improving  and  furnishing  the  site,  the  schoolhouse,  and  their 
appendages,  so  far  as  may  be  necessary.  Tf  a  surplus  should 
remain,  it  should  be  devoted  to  the  i)nrchase  of  school  apparatus 


134  NEW    YORK    SCHOOL    LAW 

or  used  for  any  other  support  of  the  school,  as  the  voters  at  an 
annual  meeting'  may  choose  to  direct. 

Designate  Sites  Without  Vote  of  District. —  In  a  district  con- 
taining 5,000  or  more  inhabitants  the  board  of  education  may 
without  vote  of  the  district  designate  a  site  or  sites,  or  an  addi- 
tion to  a  site  or  sites. 

SCHOOL    BUILDINGS 

Location  of  Schoolhouse. —  The  law  provides  that  no  school- 
house  shall  be  erected  so  as  to  stand  upon  the  division  line  of 
any  two  towns. 

Repairs  of  Schoolhouse. —  It  is  the  duty  of  the  trustees  of  a 
district  to  keep  the  schoolhouse  in  proper  repair  and  reasonably 
comfortable  for  use,  and  for  that  purpose  they  may  expend  fifty 
dollars  each  year  without  a  vote  of  the  district. 

When  the  sum  of  fifty  dollars  is  not  sufficient  to  put  a  school- 
house  in  proper  repair,  and  the  district  has  not  voted  to  make 
any  expenditure  for  repairs,  the  trustees  should  apply  to  the  dis- 
trict superintendent  for  an  order  directing"  them  to  make  the 
necessary  repairs.  A  district  superintendent  has  authority  to 
direct  that  repairs  to  the  extent  of  two  hundred  dollars  shall  be 
made,  when  in  his  judgment  he  deems  it  necessary.  A  district 
superintendent  may  issue  this  order  without  application  from  the 
trustees.  A\'hen  the  order  is  issued  it  should  state  the  character 
of  the  repairs  to  be  made  —  whether  new  seats,  a  new  roof,  or 
any  other  improvement.  As  a  trustee  may  expend  only  fifty 
dollars  without  a  vote  of  the  district,  and  as  a  district  superin- 
tendent may  direct  trustees  to  expend  only  two  hundred  dollars, 
it  is  advisable,  when  two  hundred  and  fifty  dollars  is  insufficient 
to  make  the  necessary  repairs  or  to  put  the  building  in  proper 
condition,  for  the  trustees  to  call  a  special  meeting-  of  the  district 
for  the  purpose  of  voting  an  expenditure  for  additional  repairs. 

There  is  no  limit  put  upon  the  amount  which  a  district  meeting- 
may  vote  for  repairs.  AA'hen  a  district  meeting  votes  an  appro- 
priation for  repairs,  it  should  direct  the  nature  of  such  repairs. 

It  is  the  duty  of  trustees  to  make  such  repairs  as  are  directed 
either  by  a  district  superintendent  in  his  order  or  by  a  district 
meeting.  For  a  failure  to  do  this,  a  trustee  may  be  removed 
from  office. 


SITES,    SCHOOL    BUILDINGS,    BONDS,    ETC.  I35 

Tax  for  Erection  of  Schoolhouse. —  The  qualified  voters,  at  an 
annual  school  meeting  or  at  a  special  meeting  called  for  the 
purpose,  may  vote  a  tax  for  the  erection  or  repair  of  a  school- 
house.  There  is  no  limit  in  regard  to  the  amount  which  a  district 
may  vote  for  this  purpose. 

When  a  district  refuses  to  vote  an  appropriation  sufficient  to 
make  any  necessary  repairs  to  the  schoolhouse,  the  relief  of  any 
aggrieved  person  residing  in  the  district  is  to  bring  an  appeal  to 
the  Commissioner  of  Education,  who  may  order  the  district  to 
make  necessary  repairs. 

Approval  of  Plans. —  No  schoolhouse  shall  hereafter  be  erected, 
repaired,  enlarged  or  remodeled  at  a  cost  to  exceed  $500  in  any 
school  district  or  in  any  city  of  the  third  class  until  the  plans  and 
specifications  for  the  same  have  been  submitted  to  the  Commis- 
sioner of  Education  and  his  approval  indorsed  thereon. 

The  Commissioner  of  Education  is  prohibited  from  approving 
plans  which  do  not  provide : 

a.  At  least  fifteen  square  feet  of  floor  space  and  two  hundred 
cubic  feet  of  air  space  for  each  pupil  to  be  accommodated  in  each 
study  or  recitation  room  therein. 

b.  For  assuring  at  least  thirty  cubic  feet  of  pure  air  every 
minute  per  pupil,  and 

c.  The  facilities  for  exhausting  the  foul  or  vitiated  air  therein 
shall  be  positive  and  independent  of  atmospheric  changes. 

d.  All  halls,  doors,  stairways,  seats,  passage-ways  and  aisles 
and  all  lighting  and  heating  a])pliances  and  apparatus  arranged 
to  facilitate  egress  and  afford  adequate  protection  in  cases  of  fire 
or  accident. 

e.  All  exit  doors  shall  open  outwardly,  and  shall,  if  double 
doors  be  used,  be  fastened  with  movable  bolts  operated  simulta- 
neously by  one  handle  from  the  inner  face  of  the  door. 

f.  No  staircase  shall  be  constructed  with  winder  steps  in  lieu 
of  a  platform  but  shall  be  constructed  with  straight  runs,  changes 
in  direction  being  made  by  platforms.  No  door  shall  open  im- 
mediately upon  a  flight  of  stairs,  but  a  landing  at  least  the  width 
of  the  door  shall  be  provided  between  such  stairs  and  such 
doorway. 

Under  this  law  the  Commissioner  of  Education  has  adopted 
the  following  regulations: 


136  NEW    YORK    SCHOOL   LAW 

The  plans  and  specifications  must  be  submitted  in  duplicate, 
the  original  set  to  be  returned  after  the  indorsement  of  approval, 
the  duplicate  to  be  retained  on  file  at  this  Department. 

The  plans  and  specifications  must  show  in  detail  the  ventila- 
tion, heating  and  lighting  of  the  building.  The  contract  should 
include  a  guaranty  that  the  system  of  ventilation  described  will 
provide  at  least  30  cubic  feet  of  air  every  minute  for  each  pupil. 
It  will  be  necessary  to  give  the  size  of  windows,  distance  from 
top  of  window  to  ceiling  and  number  of  panes  in  sash. 

At  least  15  square  feet  of  floor  space  and  200  cubic  feet  of  air 
space  for  each  pupil  to  be  accommodated  in  each  study  or  recita- 
tion room  must  be  provided.  In  this  connection  it  will  be  neces- 
sary not  only  to  state  the  size  of  the  rooms  (length,  breadth  and 
height),  l)ut  also  to  give  the  number  of  individual  desks  to  be 
placed  in  the  room. 

The  plans  and  specifications  must  clearly  show  that  proper 
j)rovision  is  made  in  all  respects  "  to  facilitate  egress  in  cases 
of  fire  or  accident  and  to  aft'ord  requisite  and  proper  accommo- 
dations for  public  protection  in  such  cases." 

The  windows  in  all  study  rooms  and  recitation  roonis  should 
lie  so  arranged  that  the  main  light  will  come  from  the  pupils' 
left  and  the  supplemental  light  from  the  rear.  The  windows 
should  be  grouped  together  as  nearly  as  possible  on  the  pupils* 
left  so  that  the  light  may  be  massed,  thereby  furnishing  a  com- 
paratively even  distribution  of  light  and  minimizing  areas  of  light 
and  shadow. 

The  windows  should  extend  as  near  to  the  ceiling  as  the  prin- 
ciples of  construction  will  admit  and  should  be  without  transoms 
or  unnecessary  frame  work. 

Any  considerable  area  on  the  side  to  the  left  of  the  pupils  that 
is  without  window  surface  should  be  opposite  the  space  in  front 
or  in  the  rear  of  the  pupils"  desks. 

The  ratio  of  window  surface  to  floor  surface  should  be  one 
to  five.  If  the  main  light  comes  from  the  north  or  from  a  side 
of  the  building  which  is  well  shaded,  the  ratio  should  be  one  to 
four. 

As  far  as  possible  the  rooms  and  windows  should  be  so  ar- 
ranged that  the  aisles  may  nm  the  long  way  of  the  room. 

In  the  primary  grades  the  blackboards  should  be  placed  26 
inches  from  the  floor,  in  the  intermediate  grades  30  inches  and 


SITES,    SCHOOL    BUILDINGS,    BONDS,   ETC.  1 37 

in  the  grammar  grades  36  inches.  Each  blackboard  should  be 
provided  with  a  trough  at  the  bottom,  which  should  have  an 
open  woven  wire  cover  on  hinges. 

Special  cloakrooms  should  be  provided  which  should  be  thor- 
oughly heated  and  ventilated. 

A  soft  color  should  be  used  in  finishing  the  walls  —  a  light 
greenish  gray.  The  ceiling  should  be  white.  The  window  shades 
should  correspond  in  color  with  the  walls. 

Payments  by  Installments. —  When  a  school  district  has  \  cjted 
a  tax  for  the  erection  of  a  schoolhouse,  it  may  by  a  majority 
vote  at  any  meeting  regularly  convened,  decide  to  raise  the 
amount  thus  voted,  by  installments.  The  vote  on  the  question 
must  be  by  ballot  or  by  taking  and  recording  the  ayes  and  noes. 
When  such  action  is  taken  by  a  district,  it  is  the  duty  of  the 
trustees  to  raise  by  tax  such  installments  and  the  interest  there- 
on, as  they  become  due,  in  the  same  manner  as  other  school  taxes 
are  raised.  The  last  installment  cannot  be  extended  beyond 
twenty  years  from  the  date  on  which  the  vote  was  taken  in  a 
common-school  district,  but  there  is  no  limit  in  this  respect  in 
a  union  free-school  district.  No  tax  voted  by  a  district  meeting 
or  other  competent  authority  in  any  such  city  or  school  district 
exceeding  the  sum  of  five  hundred  dollars,  shall  be  levied  by 
the  trustees  until  the  Commissioner  of  Education  shall  certify 
that  the  plans  and  specifications  for  the  same  comply  Avith  the 
])rovisions  of  this  law. 

Notice  of  Tax  Proposed  for  School  Buildings. —  No  vote  to 
raise  money  by  tax  to  i)urchase  a  new  site  or  to  change  or  add 
to  the  present  site,  or  to  build  a  new  schoolhouse,  can  be  taken 
at  a  district  meeting  in  a  union  free-school  district  unless  notice 
that  such  proposition  will  be  presented,  specifying  amount  of  tax 
and  object  thereof,  has  been  given  by  the  board  of  education  in 
the  same  manner  as  the  notice  of  an  annual  meeting  is  given. 
Tn  a  common-school  district  the  notice  of  special  meeting  must 
be  given  in  the  manner  hereinbefore  explained. 

Vote  on  Expenditure  of  Money. —  On  all  propositions  arising 
at  such  meetings  involving  an  expenditure  of  money  or  author- 
izing a  tax  levy,  the  vote  must  be  by  ballot  or  bv  taking  and 
recording  the  aves  and  noes. 

Rescinding  Vote  or  Reducing  Amount. —  No  vote  requiring 
money  to  be  raised  can  l)e  rescinded  nor  can  the  amoimt  voted 


138  NEW   YORK  SCHOOL  LAW 

to  be  raised  be  reduced  at  a  subsequent  meeting,  unless  it  is  an 
adjourned  meeting  or  a  meeting  called  for  such  purpose.  If  it 
is  a  meeting  called  for  such  purpose,  notice  must  be  given  in  the 
manner  in  which  all  notices  for  annual  and  special  meetings  are 
given.  The  notices  must  state  that  the  proposed  reduction  or 
the  proposition  to  rescind  the  vote  authorizing  such  money  to 
be  raised  will  be  voted  upon. 

May  Borrow  Money  and  Issue  Bonds. —  Whenever  an  annual 
or  a  special  meeting  of  a  union  free-school  district  votes  a  tax 
to  be  collected  in  installments  for  the  purpose  of  building  a  new 
schoolhouse  or  for  repairing  or  enlarging  the  schoolhouse  of  the 
district  or  for  the  purchase  of  a  new  site  or  an  addition  to  the 
present  site,  the  trustees  or  boards  of  education  are  authorized  by 
law  to  borrow  the  money  necessary  at  a  rate  not  to  exceed  six 
per  cent.,  and  to  issue  bonds  or  other  evidences  of  indebtedness 
therefor.  The  bonds  shall  be  paid  at  maturity  and  shall  not  be 
sold  below  par.  In  districts  having  an  aggregate  valuation  of 
real  property  of  five  hundred  thousand  dollars  or  over,  no  bonds 
shall  be  hereafter  issued  which  make  the  total  bonded  indebted- 
ness, at  any  time,  exceed  fifteen  per  cent,  of  the  aggregate  assessed 
valuation  of  the  real  property  within  the  bounds  of  the  district, 
unless  the  resolution  authorizing  the  issue  and  sale  of  such  bonds, 
in  excess  of  such  amount,  shall  be  adopted  by  a  vote  of  two- 
thirds  of  the  qualified  electors  present  and  voting  on  such  reso- 
lution at  the  meeting  called  for  such  purpose. 

Sale  of  Such  Bonds.* —  In  a  union  free-school  district  whose 
boundaries  do  not  coincide  with  those  of  an  incorporated  village 
or  a  city,  the  board  of  education  of  such  district  shall  give  notice 
of  the  time  and  place  of  the  sale  of  such  bonds,  at  least  ten  days 
prior  to  the  date  of  such  sale.  This  notice  may  be  given  by  being 
published  twice  in  each  of  two  newspapers  of  the  district,  if 
there  are  two,  and  in  one  paper,  if  there  is  but  one.  If  no  news- 
paper is  published  in  the  district,  then  a  notice  of  such  sale  must 
be  posted  in  ten  of  the  most  conspicuous  places  of  the  district, 
at  least  ten  days  previous  to  the  sale.  The  trustees  having 
charge  of  the  issue  or  payment  of  such  bonds  are  required  to 
make  an  annual  report  thereof  to  the  clerk  of  the  board  of  super- 
visors of  the  county  in  which  the  district  is  located,  on  or  before 
the  first  day  of  November. 

In  a  union  free-school  district  whose  limits  do  coincide  with 
those  of  an  incorporated  village  or  a  city,  such  bonds  must  be 
prepared  by  the  board  of  education  and  signed  by  the  president 
and  the  secretary  of  such  board  and  delivered  to  the  treasurer  of 
such  incorporated  village  or  city  and  countersigned  by  him.    Tlie 

*  For  procedure  relative  to  legalization  of  bond  issues  by  court  proceeding, 
see  Article  2-a  of  Municipal  Corporations  Law,  and  to  the  registry  of  bonds, 
see  sections  10  and  11  of  the  General  Municipal  Law. 


SITES,   SCHOOL   BUILDINGS,   BONDS,   ETC.  1 39 

treasurer  of  such  village  or  city  shall  give  notice  of  the  time  and 
place  of  the  sale  of  such  bonds  in  the  same  manner  as  it  is  re- 
quired that  boards  of  education  of  districts  whose  limits  do  not 
coincide  with  those  of  an  incorporated  village  or  a  city  shall  give 
such  notice.  The  proceeds  of  the  sale  of  these  bonds  must  be 
paid  into  the  treasury  of  such  incorporated  village  or  city  to  the 
credit  of  the  board  of  education  of  such  district. 

The  general  municipal  law  relating  to  the  sale  of  municipal  and 
school  bonds  was  amended  by  chapter  534  of  the  Laws  of  1917, 
as  follows :  . 

All  bonds  hereafter  issued  by  any  municipal  corporation,  or 
by  any  school  district  or  civil  division  of  the  State,  shall  be  sold, 
in  the  case  of  a  city  of  the  first  class  as  required  by  its  charter 
or  by  any  special  act  under  which  such  bonds  are  issued,  in  the 
case  of  a  city  of  the  second  class  as  required  by  section  sixty-one 
of  the  second  class  cities  law,  and  in  all  other  cases  at  public 
sale  not  less  than  five  or  more  than  thirty  days  after  a  notice  of 
such  sale,  stating  the  amount,  date,  maturit)-  and  rate  of  interest, 
has  been  published  at  least  once  in  the  official  paper  or  papers,  if 
any,  of  any  such  municipality,  provided  that  if  there  is  no  official 
paper,  then  such  notice  of  sale  shall  be  published  in  a  newspaper 
published  in  the  county  in  which  such  bonds  are  to  be  issued,  or  a 
copy  thereof  shall  be  sent  to  and  published  in  a  financial  news- 
paper published  and  circulating  in  New  York  city. 

Validation  of  Bonds. —  The  procedure  in  the  issuance  of  such 
bonds  is  technical  and  a  statutory  process  and  each  step  outlined 
in  the  statute  must  be  complied  with.  Very  often  the  notices  of 
school  meetings  and  the  other  papers  prepared  in  the  proceedings 
leading  to  the  issuance  of  such  bonds  are  defective.  In  many  cases 
these  papers  are  not  prepared  by  lawyers  and  it  often  occurs  that, 
after  bonds  have  been  sold,  the  attorneys  representing  the  purchaser 
of  such  bonds  discovers  defects  in  the  procedure  under  which  the 
bonds  have  been  issued.  This  has  necessitated  a  legalizing  act  by 
the  Legislature.  It  was  frequently  necessary  to  wait  several  months 
for  the  Legislature  to  convene  before  the  sale  of  the  bonds  might  be 
finally  closed  out  and  funds  obtained  for  the  erection  of  the 
building. 

To  avoid  such  delays  and  to  provide  an  effective,   inexpensive 


140  NEW    YORK    SCHOOL    LAW 

method  of  meeting  such  situations  power  has  been  conferred 
upon  the  Commissioner  of  Education  to  adjudicate  all  cases  of 
this  kind  and  to  make  an  order  ratifying  and  confirming  all  acts 
and  proceedings  which  may  be  necessary  to  cure  any  defect 
existing  in  the  proceedings  leading  up  to  the  authorization,  sale 
and  issuance  of  such  bonds.  This  act  provides  that  any  inter- 
ested party  may  present  the  question  to  the  Commissioner  of 
Education.  A  board  of  education,  a  qualified  elector,  a  taxpayer, 
the  purchaser  of  bonds,  or  any  person  who  may  hold  such  bonds, 
may  present  the  matter  to  the  Commissioner  of  Education  for 
the  purpose  of  having  any  defect  which  may  exist  in  the  pro- 
ceedings cured,  and  the  sale  and  issuance  of  such  bonds  legalized 
and  validated. 

The  Commissioner  of  Education  is  given  broad  powers  in  these 
matters.  If  he  finds  on  investigation  of  a  case  which  has  been 
properly  presented  to  him  that  the  requirements  of  the  statutes 
have  been  substantially  complied  with  and  that  there  has  been  a 
fair  expression  of  the  will  of  the  qualified  voters  of  the  district 
or  town  and  that  the  action  taken  was  not  afifected  or  prejudiced 
by  the  defects  in  the  law  or  the  failure  to  give  required  notices, 
the  Commissioner  of  Education  may  make  an  order  ratifying  and 
confirming  the  proceedings  and  determining  that  there  has  been 
a  substantial  compliance  with  the  statute. 

Under  the  terms  of  this  law  the  decision  of  the  Commissioner 
of  Education  in  such  proceedings  is  final  and  conclusive,  and  not 
subject  to  review  by  the  courts. 

CONDEMNATION  OF  SCHOOLHOUSE 

Order. —  When  in  the  judgment  of  a  district  superintendent 
the  schoolhouse  of  any  district  under  his  jurisdiction  is  wholly 
unfit  for  use  and  not  worth  repairing,  he  may  issue  an  order  con- 
demning such  property  and  he  should  fix  a  time  therein  when 
such  order  shall  go  into  eflfect.  The  superintendent  should  also 
direct  in  such  order  the  expenditure  of  an  amount  which  in  his 
judgment  is  necessary  to  erect  a  schoolhouse  for  the  accommo- 
dation of  the  children  of  such  district. 

Service  of  Order. —  The  superintendent  must  immediately 
serve  such  order  upon  the  trustee  of  the  district  and  transmit 
a  copy  thereof  to  the  Commissioner  of  Education. 


SITES,    SCHOOL    BUILDINGS,    BONDS,    ETC.  I4I 

Trustees  Should  Call  Special  Meeting. —  Immediately  upon 
being  served  with  a  copy  of  such  order,  the  trustees  should  call 
a  special  meeting  of  the  district  for  the  purpose  of  considering 
the  question  of  building  a  schoolhouse. 

The  legal  voters  at  such  special  meeting  have  power  to  deter- 
mine the  size  of  the  building  and  the  material  to  be  used,  and 
to  vote  a  tax  to  build  the  same.  The  district  meeting  may  also 
decrease  the  estimated  amount  of  the  superintendent  for  the 
erection  of  such  building  twenty-five  per  cent.,  and  the  district 
may  also  increase  the  amount  estimated  by  the  superintendent. 

Failure  of  District  to  Vote  Tax. —  When  a  district  fails  to  vote 
a  tax  to  build  a  schoolhouse,  within  thirty  days  from  the  date  on 
which  the  first  meeting  for  considering  the  question  was  held, 
the  trustees  have  power,  and  it  is  their  duty,  to  contract  for  the 
erection  of  such  building  and  to  levy  a  tax  to  pay  for  the  same. 
This  tax  shall  not  exceed  the  estimate  of  the  superintendent  and 
shall  not  be  more  than  twenty-five  per  cent,  less  than  such 
estimate. 

Insurance  of  Buildings. —  The  trustees  of  a  school  district 
should  insure  the  buildings  of  the  district.  Their  duty  in  this 
matter  is  explained  in  the  chapter  on  Trustees;  powers  and 
duties.  It  is  also  the  duty  of  boards  of  education  to  insure  the 
buildings  of  union  free-school  districts.  (.See  chapter  on  Boards 
of  Education  ;  powers  and  duties.) 

Sale  of  Buildings. —  When  a  school  district  decides  to  build 
a  new  schoolhouse,  the  district  meeting  should  direct  wdiat  dis- 
position should  be  made  of  the  old  building.  This  is  usually 
done  by  directing  the  trustees  to  sell  it  at  public  auction.  The 
district  meeting  may,  however,  direct  some  other  course  to  be 
pursued. 

The  school  buildings  may  be  sold  when  a  district  has  been  dis- 
solved.    (See  chapter  on  School  Districts.) 

The  school  buildings  of  a  district  may  also  be  sold  when  the 
site  of  the  district  buildings  has  been  changed. 

Stairways  Outside  of  Buildings. —  It  is  the  duty  of  trustees 
or  boards  of  education  of  all  school  districts  outside  of  the  city 
of  New  York  to  provide  stairways  on  the  outside  of  all  school 
l-»uildings  that  are  more  than  two  stories  high,  with  suitable  doors 
connecting   therewith    from    each    storv   above   the    first.     These 


142  NEW    YORK    SCHOOL   LAW 

may  be  built  without  a  vote  of  the  district,  at  a  reasonable  ex- 
pense, which  is  chargeable  to  the  district  the  same  as  other  taxes. 
Such  stairways  shall  be  kept  in  good  order  and  free  from  ob- 
struction and  should  not  be  bolted  or  locked  during  school  hours. 
Out-buildings. —  It  is  the  duty  of  school  districts  to  provide 
out-buildings  on  the  school  premises.  The  law  provides  that 
these  buildings  shall  be  as  follows : 

1.  They  must  be  suita1)le  and  convenient. 

2.  There  must  be  two,  and  they  must  be  entirely  separated 
from  each  other.  These  two  closets  may  be  under  one  roof  and 
over  the  same  vault. 

3.  They  must  have  separate  means  of  access,  and  the  ap- 
proaches thereto  must  be  separated  by  a  substantial  close  fence, 
at  least  seven  feet  high. 

4.  They  must  be  kept  in  a  clean  and  wholesome  condition. 

A  failure  on  the  part  of  trustees  to  comply  with  these  pro- 
visions is  sufficient  reason  for  removing  them  from  office,  and 
for  withholding  from  the  district  its  share  of  public  money  from 
the  State.  Trustees  are  personally  responsible  to  the  district 
for  any  loss  in  this  respect  through  their  negligence. 

Any  expense  incurred  by  the  trustees  of  a  common-school  dis- 
trict in  providing  and  maintaining  these  out-buildings  when  ap- 
proved by  the  district  superintendent  may  be  raised  by  tax  with- 
out vote  of  the  district. 

A  board  of  education  may  meet  such  expenses  by  payment 
from  contingent  fund  or  by  tax  upon  the  district  or  city  without 
authorization  by  the  voters  thereof. 

The  Board  of  Regents  has  prescribed  the  following  regulations 
to  govern  the  maintenance  and  construction  of  toilets: 

Outdoor  Closets. —  It  is  fundamentally  important  that  all 
schools  in  city,  village  and  country  be  provided  with  suitable 
toilet  facilities.  They  cannot  be  suitable  unless  they  are  sani- 
tary, and  experience  has  demonstrated  beyond  the  possibility  of 
contradiction  that  the  old  type  of  outdoor  watercloset,  or  earth 
closet,  is  not  sanitary  or  decent,  but  to  tlie  contrary  is  a  constant 
menace  both  to  health  and  morals. 

As  every  boy  and  girl  under  the  tutelage  of  the  State  is  entitled 
alike  to  all  essential  safeguards,  this  statement  necessarily  applies 


SITES,    SCHOOL    BUILDINGS,    BONDS,    ETC.  I43 

to  all  schools  regardless  of  size  or  location.  The  claim  th:it  the 
old  type  of  outdoor  closet  has  served  all  purposes  of  the  district 
for  generations  and  is  therefore  acceptable  and  suitable  is  with- 
out weight.  To  the  contrary,  experience  with  it  in  the  past  con- 
clusively proves  that  it  is  wholly  unfit  and  unsatisfactory.  The 
public  school  sureh'  ought  not  to  be  the  last  institution  to  make 
progress,  and  particularly  in  matters  aflfecting  the  comfort,  health 
and  lives  of  the  children  who,  obedient  to  the  laws  of  the  State, 
are  in  attendance  therein.  The  excuse  that  a  district  cannot 
afford  such  improvements  is  an  argument  in  favor  of  consolida- 
tion in  such  a  case,  in  order  to  form  a  district  that  can  afford  to 
provide  the  facilities  that  are  unmistakably  essential  to  the  pupils' 
welfare. 

Regulations. —  From  what  has  been  said,  it  is  manifest  that  the 
only  remed}'  for  the  outdoor  closet  is  to  abolish  it.  With  that 
end  in  view  and  to  insure  in  its  place  suitable  and  adequate 
facilities,  the  following  regulations  have  been  adopted. 

1.  Approval  of  plans  for  the  construction  of  new  school  build- 
ings and  for  the  remodeling  of  old  buildings  cannot  be  given 
until  provision  is  made  for  an  approved  system  of  sanitary  closets. 

2.  All  public  schools  must  be  provided  with  approved  closet 
facilities  before  September  i,  1918. 

3.  Whenever  it  becomes  necessary  for  a  district  to  provide  new 
toilet  facilities  before  the  expiration  of  the  time  limit  established, 
such  facilities  must  be  of  approved  type. 

The  following  types  are  approved  to  meet  varying  conditions : 

1.  A  flush  system.  When  water  and  suitable  sewerage  are 
available,  schools  will  be  expected  to  install  this  system, 

2.  A  dry  closet  system. 

3.  A  chemical  system. 

4.  The  L.  R.  S.  type,  described  in  Public  Health  Bulletin  51, 
published  by  the  United  States  Treasury  Department  and  issued 
by  the  Government  Printing  Office  in  1914. 

5.  The  type  where  water-tight  nonal)sorbent  receptacles,  easily 
removable,  are  provided  and  clean  dust  or  ashes  is  supplied  and 
scattered  freely  over  the  excreta  whenever  the  closet  is  used. 
The  use  of  this  type  is  restricted  to  isolated  rural  districts  with 
small  enrollment  and  low  valuation,  and  special  permission  must 
be  secured  in  every  case. 


144  XF:\V    YORK    SCHOOL    LAW 

In  all  types  the  followin,^"  conditions  must  be  met: 

a.  The  closet  or  toilet  must  be  in  a  room  attached  to  and  made 
a  part  of  the  school  building". 

b.  The  wall  and  ceiling  of  this  room  must  l)c  constructed  and 
finished  in  like  manner  as  other  rooms  of  the  building'. 

c.  The  urinals  must  be  constructed  of  noncorrosive,  nonab- 
sorbent  material. 

d.  In  all  cases  the  rooms  must  be  well  lighted  and  ventilated. 

e.  Toilet  paper,  wash  bowl  or  basin  and  towels  (paper  towels) 
must  be  furnished. 

f.  Toilet  rooms  must  be  heated  in  all  cases  where  it  is  practica- 
l)le  to  do  so. 

g'.  Before  constructing  sanitary  closets,  a  simple  sketch  of  the 
rooms  and  approaches  and  a  description  of  the  closet  must  be 
submitted  to  the  State  Department  of  Education  for  approval. 

In  the  last  three  types  named,  the  following  additional  condi- 
tions must  be  met : 

a.  Receptacles  must  be  of  ample  capacity  and  must  be  of  non- 
corrosive  and  nonabsorbent  material. 

b.  Provision  must  be  made  for  the  ventilation  of  receptacles 
by  means  of  ventilators  extending"  through  the  roof. 

c.  There  must  be  a  thoroughly  ventilated  approach  leading  to 
ilie  closet  from  the  coat  room,  corridor  or  hallway  of  the  building. 

d.  All  receptacles  must  be  of  a  type  to  be  emptied  outside  of 
class  rooms,  recitation  rooms,  hallways  and  toilet  rooms,  and  the 
construction  must  be  such  as  to  facilitate  this  process. 

e.  The  vaults  must  be  tight  so  as  to  render  the  entrance  of  flies, 
mosquitoes  and  other  insects  absolutely  impossible. 

f.  Seats  must  be  hinged  and  made  to  close  automatically. 
Plumbing. —  i.    Plumbing   must   conform   to   local   ordinances 

where  such  are  in  force.     Where  none  exist,  commonly  accepted 
standards  as  exemplified  in  city  ordinances  shall  govern. 

2.  When  no  sewerage  system  is  availal^le  for  use,  an  applica- 
tion must  be  made  to  the  State  Department  of  Health  for  ap- 
proval of  a  sewage  disposal  ])lant,  as  that  department  has  exclus- 
ive jurisdiction  over  the  disposition  of  sewage. 

3.  In  other  than  rural  communities,  both  local  and  general 
vents  must  be  provided. 

4.  One  seat  should  be  provided  for  every  twenty-five  girls  and 


SITES,    SCHOOL    liUILDIMGS,    BONDS,    ETC.  I45 

one  seat  and  one  urinal  for  every  forty  boys,  or  a  combination 
seat  and  urinal  for  every  twenty-live  boys.  Both  seats  and  uri- 
nals should  be  separated  into  compartments.  Absorbent  or  cor- 
rosive materials  cannot  be  approved  for  use  in  the  construction 
of  urinals. 

Use  of  School  Buildings. —  i.  The  use  of  a  school  building  in 
a  district  or  cil}'  must  be  granted  for  holding  any  examination 
or  institute  appointed  therein  by  the  Commissioner  of  Education. 
No  charge  can  be  made  for  the  use  of  such  building  for  these 
purposes  but  a  reasonable  allowance  may  l)e  paid  for  lighting. 
heating  and  janitor  service. 

2.  When  a  building  is  not  in  use  for  school  purposes  it  may  be 
used  on  approval  of  the  board  of  education  by  persons  desiring  to 
give  or  receive  instruction  in  any  branch  of  education  or  learning 
or  in  the  science  and  practice  of  music.  (See  also  chapter  lo, 
powers  and  duties  of  trustees.) 

3.  The  most  comprehensive  law  enacted  in  any  State  in  relation 
to  the  use  of  schools,  grounds  and  buildings  was  enacted  by  tl.e 
Legislature  of  New  York  in  1913,  and  amended  in  1917. 

This  law  confers  upon  local  school  authorities  the  power  to 
employ  persons  to  supervise  and  conduct  athletic,  i^lay-ground 
and  social  center  activities  when  authorized  by  a  district  meeting. 
Regularly  employed  teachers  may  be  paid  additional  comjjensa- 
tion  for  services  rendered  in  sui)ervising  and  conducting  these 
activities. 

This  law  further  provides  for  the  use  of  schaolhouses  and 
grounds  outside  of  school  hours.  L'nder  these  provisions  of  the 
law  school  grounds  and  buildings  may  be  used  for  social,  civic 
and  recreational  meetings  and  entertainments  and  other  uses  per- 
taining to  tlie  welfare  of  the  community  in  general,  'i'hese  jneet- 
ings  must  l)e  open  to  the  public,  and  no  fee  may  be  charged  unless 
the  proceeds  are  to  be  used  for  an  educational  or  charitable 
purpose,  or  for  organizations  of  veterans  of  the  military,  naval 
and  marine  service  of  the  United  States. 

Upon  petition  of  twenty-five  or  more  citizens  of  a  city,  union 
free-school  district  or  town,  the  board  of  education  is  re(iuired  to 
organize  and  conduct  community  centers  for  civic  purposes  and 
civic  forums  to  promote  and  advance  principles  of  Americaniza- 
tion. Funds  must  be  provided  by  local  authorities  for  the  main- 
tenance of  such  centers  or  forums  and  such  authorities  may  pre- 


146  NEW   YORK   SCJIOOL   LAW 

scribe  rules  to  make  the  same  self-supporting.  Such  centers  and 
forums  must  at  all  times  be  under  the  control  of  the  board  of 
education  and  must  be  nonexclusive  and  open  to  the  public. 
(L.  1917,  ch.  214.) 

It  should  be  understood  that  under  this  provision  of  the  law, 
school  property  is  not  open  to  the  use  of  a  religious  denomina- 
tion, a  fraternal,  secret  or  other  exclusive  society  or  organization. 

A  district  meeting,  or,  in  cities,  a  board  of  education  possesses 
the  power  to  authorize  the  use  of  school  buildings  for  political 
meetings,  and  for  polling  places  for  primaries  and  general  elec- 
tions. Under  a  recent  amendment  to  the  Election  Law  a  school 
building  shall  be  designated  for  election  purposes  provided  such 
use  does  not  interfere  with  its  customary  use  and  provided  the 
school  building  is  so  situated  as  to  be  convenient  to  the  electors 
residing  in  the  election  district. 

Sale  of  Liquors  Prohibited  Near  Schoolhouses. —  Traffic  in 
liquor  is  prohibited  in  a  building,  yard,  booth,  or  other  place 
which  shall  be  on  the  same  avenue  or  street  and  within  200  feet 
of  a  building  used  exclusively  as  a  schoolhouse.  The  measure- 
ments must  be  taken  in  a  straight  line  from  the  center  of  the 
nearest  entrance  to  the  building  used  for  such  school  to  the  center 
of  the  nearest  entrance  to  the  place  in  which  such  liquor  traffic  is 
desired  to  be  carried  on.  This  prohibition,  however,  does  not 
apply  to  a  place  which  on  the  23d  day  of  March,  1896,  was  law- 
fully occupied  as  a  hotel,  or  in  which  the  traflfic  in  liquors  was 
lawfully  carried  on  or  which  was  in  process  of  construction. 
(Subdivision  2   section  23,  Liquor  Tax  Law.) 

REVIEW  QUESTIONS 

What  meeting  can  decide  upon  a  site  for  a  schoolhouse?  How  must  such 
decision  be  determined?  What  must  the  resolution  contain?  How  must  the 
vote  be  taken?  What  record  must  be  made?  May  a  district  designate  more 
than  one  site?  What  must  the  notice  of  a  special  meeting  state?  How  can 
the  site  of  a  school  district  be  improved  or.  etdarged?  At  what  meetings? 
What  tax  may  a  district  vote  in  relation  to  sites?  Is  there  a  limit  to  the 
amount  that  can  be  voted?  How  is  such  tax  levied  and  assessed?  How  may 
the  school  site  of  a  district  be  changed?  What  property  cannot  be  taken  for 
a  site?  What  disposition  is  made  of  the  old  site  and  buildings  of  a  district 
when  a  change  of  site  has  been  legally  made?  How  may  the  title  of  the 
district  of  such  property  be  transferred?  When  may  bond  and  mortgage  be 
given  to  protect  districts?  How  is  such  security  held  for  the  district?  How 
may  the  unpaid  money  due  the  district  be  collected?  What  disposition  must 
be  made  of  the  proceeds  of  the  sale  of  such  property?  When  may  a  board 
designate  a  site  without  vote  of  the  district? 


REVIEW    QUESTIONS  1 47 

What  prohibition  is  there  in  relation  to  the  location  of  a  schoolhouse? 
Whose  duty  is  it  to  keep  the  schoolhouse  in  reasonable  repair?  How  much 
may  such  officer  expend  therefor  without  a  vote  of  the  district?  Can  the 
district  vote  a  larger  amount?  If  fifty  dollars  is  insufficient  and  the  district 
has  not  voted  an  appropriation,  how  may  the  trustee  obtain  authority  for 
making  the  needed  repairs?  What  amount  may  a  district  superintendent 
order  a  trustee  to  expend^  How  does  a  district  superintendent  give  author- 
ity to  his  order?  In  what  particulars  should  this  order  be  specific?  Is 
there  a  limit  to  the  amount  a  district  may  vote  for  repairs?  When  a 
district  superintendent  has  ordered  repairs  to  school  buildings  or  a  district 
ras  voted  repairs,  what  is  the  duty  of  the  trustee?  What  is  the  penalty 
for  a  failure  to  do  this?  What  amount  may  a  district  vote  for  erecting  a 
schoolhouse?  What  limit  is  there  to  the  amount  of  tax  which  a  district 
can  levy  for  this  purpose?  What  action  is  necessary  in  order  to  levy  a 
larger  amount?  What  plans  of  school  buildings  must  be  approved?  Ey 
whom?     State  the  prohibitions  as  to  approval  of  plans. 

When  may  a  district  erect  a  schoolhouse  and  pay  therefor  by  installments? 
How  must  the  vote  be  taken?  How  musL  a  tax  for  such  installments  be 
raised?  For  what  period  may  the  payment  for  the  last  installment  be  made? 
How  may  a  vote  authorizing  such  tax  be  repealed?  By  what  method  may 
bonds  be  issued  for  this  purpose?  What  restriction  is  placed  upon  issuance 
of  bonds  in  certain  districts?  What  limit  is  placed  upon  the  rate  of  these 
bonds?  What  restriction  is  placed  upon  the  sale  of  these  bonds?  What 
notice  of  the  sale  of  such  bonds  must  be  given?  A\'hat  report  of  payment, 
etc.,  must  be  made  by  the  trustees?    To  whom?    When? 

When  may  a  district  superintendent  condemn  a  school  building?  How? 
What  estimate  in  regard  to  the  expenditure  in  erecting  a  schoolhouse 
should  the  order  of  the  district  superintendent  contain?  Upon  whom  must 
the  district  superintendent  serve  such  notice?  What  is  the  duty  of  trustees 
when  served  with  such  notice?  What  power  has  a  meeting  in  relation  to 
such  matters  when  regularly  called?  May  the  district  decrease  the  estimate 
of  the  district  superintendent?  By  what  amount?  ]\Iay  the  amount  be 
increased?  How  much?  Within  what  period  should  a  district  vote  to 
build?  What  is  the  duty  of  the  trustee  if  the  district  takes  no  action  within 
that  time?  What  tax  in  this  case  may  a  trustee  levy  without  a  vote  of  the 
district?  What  are  the  duties  of  trustees  of  common-school  districts  in  rela- 
tion to  insuring  school  buildings?  What  of  boards  of  education  of  union 
free-school  districts?  Name  three  cases  in  which  school  buildings  may  be 
sold.    What  is  the  method  of  procedure  in  each  case? 

What  is  the  duty  of  school  officers  in  relation  to  building  stairways  on 
the  outside  of  school  buildings?  What  are  the  requirements  for  out-build- 
ings in  school  districts?  When  a  district  fails  to  vote  an  appropriation  for 
the  purpose  of  making  proper  repairs,  what  amount  may  the  trustee  expend? 
What  is  the  penalty  for  a  failure  on  the  part  of  the  trustee  to  comply  with 
the  law?  What  is  the  loss  to  the  district?  The  responsibility  of  the  trustee 
to  the  district?  When  a  district  has  no  out-buildings,  what  amount  may 
.he  trustees  expend  for  their  erection?    Upon  whose  order? 

For  what  purposes  other  than  school  may  school  buildings  be  used? 


CHAPTER  XVI 

STATE    SCHOOL    MONEYS 

[Article  i8] 

Common-School,  Literature  and  the  United  States  Deposit 
Funds. —  The  capital  of  the  common-school  fund,  the  capital  of 
the  literature  fund,  and  the  capital  of  the  United  States  deposit 
fund  shall  be  respectively  preserved  inviolate.  The  revenue  of  the 
said  common-school  fund  shall  be  applied  to  the  support  of  the 
common  schools ;  the  revenue  of  the  said  literature  fund  shall  be 
applied  to  the  support  of  academies ;  and  the  sum  of  twenty-five 
thousand  dollars  of  the  revenues  of  the  United  States  deposit  fund 
shall  each  year  be  appropriated  to  and  made  part  of  the  capital  of 
the  said  common  school  fund.  Article  IX.  section  3,  State  Consti- 
tution. 

[Section  i  of  article  IX  of  the  amended  constitution  of  1846.  without 
change.] 

The  manner  of  the  disposition  of  the  common-school  fund  is  left 
to  the  Legislature.  (Dallas  v.  Fosdick,  40  How.  Pr.  249,  252.) 
But  the  Legislature  cannot  appropriate  therefrom  for  the  construc- 
tion of  an  astronomical  observatory  (People  ex  rcl.  v.  Allen,  42 
N.  Y.  404)  ;  nor  for  the  benefit  of  a  normal  school.  (Gordon  v. 
Cornes,  47  id.  608.) 

The  words  "  common  schools  "  as  used  in  this  section  mean  such 
schools  as  are  open  to  all,  and  not  confined  to  any  class.  (People 
V.  Board  of  Education,  13  Barb.  400;  People  ex  rel.  v.  Crissley, 
45  Hun,  19.) 

No  Aid  in  Denominational  Schools. —  Neither  the  State  nor 
any  subdivision  thereof,  shall  use  its  property  or  credit  or  any 
public  money,  or  authorize  or  permit  either  to  be  used,  directly  or 
indirectly,  in  aid  or  maintenance,  other  than  for  examination,  or 
inspection,  of  any  school  or  institution  of  learning  wholly  or  in  part 
under  the  control  or  direction  of  any  religious  denomination,  or  in 
which  any  denominational  tenet  or  doctrine  is  taught.  Article  IX, 
section  4,  State  Constitution. 

Different  Funds. —  There  are  different  sources  from  which 
money  has  been  derived  by  the  State  for  the  support  of  the  public 

148 


STATE    SCHOOL    MONEYS  I49 

school  system.  These  sources  are  the  common-school  fund,  the 
United  States  deposit  fund,  and  the  free-school  fund.  These  funds, 
together  with  the  literature  fund,  are  known  under  the  Finance 
Law  as  the  Education  Fund. 

The  Common-School  Fund. —  Upon  the  recommendation  in  a 
s^)ecial  message  of  Governor  Morgan  Lewis  to  the  State  Legislature 
in  1805.. an  act  was  passed  which  created  this  fund.  It  provided 
that  "  The  net  proceeds  of  five  hundred  thousand  acres  of  the  vacant 
and  unappropriated  lands  of  the  people  of  this  State,  which  shall 
be  first  sold  by  the  Surveyor-General,  shall  be  and  are  hereby  appro- 
priated as  a  permanent  fund  for  the  support  of  common  schools." 
The  act  also  provided  that  no  distribution  should  be  made  until  the 
annual  revenues  of  the  fund  amounted  to  fifty  thousand  dollars. 
This  revenue  was  not  realized  until  1815,  when  the  first  distribution 
was  made.  This  fund  was  apportioned  among  the  counties  of  the 
State  on  the  ])asis  of  population,  and  each  county  was  required  to 
raise  by  taxation  an  amount  equal  to  the  amount  received  from  the 
State.  The  revenue  derived  from  these  two  sources  constituted 
the  State  school  moneys  for  the  payment  of  teachers'  salaries. 
When  this  amount  was  insufficient  to  pay  the  salaries  of  teachers, 
the  balance  was  raised  by  rate  l)ills.  In  1805.  when  this  fund  was 
originated,  its  capital  was  nearly  fifty-nine  tliousand  dollars ;  but 
in  T917,  it  had  increased  to  over  four  million  seven  hundred  sev- 
ent)'-thrce  thousand  dollars.  Out  of  the  revenue  of  this  fund  the 
Legislature  annually  appropriates  for  common  schools  one  hundred 
and  se\enty  thousand  dollars. 

The  United  States  Deposit  Fund. —  On  June  23,  1836,  congress 
passed  an  act  providing  for  the  distribution  of  the  surplus  revenues 
-which  were  held  in  the  United  States  treasury  at  that  time  for  safe- 
keeping among  the  various  States.  Of  this  distribution  New  York 
received  about  $4,000,000.  Jt  must  be  understood  that  this  fund 
was  not  given  or  loaned  to  the  State,  but  was  simply  placed  in  its 
possession  for  safe-keeping.  The  United  States  government  could 
recall  this  money,  but  probably  it  never  will.  Under  a  provision 
of  the  State  Constitution,  New  York  is  rerpiired  to  keep  the  amount 
of  this  fund  equal  to  the  amount  which  was  originally  deposited. 
In  1837,  by  an  act  of  the  State  Legislature,  this  fund  was  distributed 
among  the  counties  of  the  State  on  the  basis  of  jiopulation.  It  was 
placed  in  the  hands  of  two  loan  commissioners  in  each  county,  who 
were  appointed  by  the  Governor,  to  be  loaned  by  them  in  their 


150  NEW    YORK    SCHOOL    LAW 

county  upon  bond  and  mortgage  with  interest.  From  the  income 
derived  from  this  fund,  there  was  appropriated  by  the  State  Legis- 
lature in  1838  for  the  support  of  common  schools,  the  sum  of 
$165,000.  This  sum  was  annually  appropriated  by  the  Legislature 
until  1881,  when  the  appropriation  was  reduced  to  $75,000,  owing  to 
a  reduction  in  the  revenue.  This  reduction  in  revenue  was  caused 
by  a  depreciation  in  the  property  on  which  investments  from  this 
fund  had  been  made.  Since  1881,  the  Legislature  has  annually 
appropriated  from  the  revenues  of  this  fund  $75,000,  and  this  sum 
becomes  a  part  of  the  State  school  moneys  and  is  used  for  the  sup- 
port of  the  public  schools. 

The  Free-School  Fund. —  The  amount  appropriated  annually 
by  the  Legislature  for  the  support  of  common  schools  is  discretion- 
ary but  as  the  law  specifies  the  amount  of  a  supervision,  district  and 
teachers'  quota  the  Legislature  must  appropriate  an  amount  suf- 
ficient for  this  jnirpose  or  assume  the  responsibility  of  changing 
the  basis  of  apportioning  school  funds.  The  first  State  tax  levied 
for  this  purpose  was  under  the  authority  of  an  act  passed  in  185 1, 
providing  for  the  sum  of  $800,000.  This  amount  has  been  gradu- 
ally increased.  The  greatest  increase  was  in  1867,  the  year  in  which 
the  rate-bills  were  abolished,  when  the  Legislature  increased  the 
amount  to  be  raised  from  a  tax  of  three-fourths  of  a  mill  on  each 
dollar  of  valuation,  to  one  and  one-fourth  mills  on  the  dollar.  It 
was  the  intent  of  the  Legislature  when  this  increase  was  made,  to 
supply  funds,  which,  combined  with  the  revenues  of  the  common- 
school  fund  and  the  United  States  deposit  fund,  would  be  sufficient 
to  support  common  schools  in  most  of  the  school  districts  of  the 
State  for  at  least  twenty-eight  weeks  each  year. 

The  amount  of  money  realized  from  these  sources  soon  proved 
insufficient,  in  many  cases,  to  support  the  schools  the  required  time, 
and  the  deficiency  has  been  raised  by. local  taxes  upon  school  dis- 
tricts. During  the  school  year  ending  July  31,  1918,  the  entire 
cost  for  maintaining  and  supervising  the  public  school  system  of  the 
State,  including  all  expenditures  for  normal  schools  and  other  insti- 
tutions under  the  supervision  of  the  Commissioner  of  Education, 
except  colleges  and  universities,  was  $93,106,337.02;  and  of  this 
amount  $6,812,000.02  were  received  from  State  funds,  $7i,797r 
882.55  were  raised  by  local  taxes  upon  the  property  of  school  dis- 
tricts and  cities,  and  $14,496,454.45  were  derived  from  other 
sources. 

The  amount  previously  raised  by  direct  taxation  was  known  as 


STATE    SCHOOL    MONEYS 


151 


the  free-school  fund,  but  since  the  amount  for  this  purpose  has 
been  appropriated  from  State  funds  obtained  from  indirect  taxa- 
tion the  Legislature  has  not  denominated  it  the  free-school  fund, 
but  has  appropriated  this  money  for  the  support  of  common  schools. 

Gospel  and  School  Lands. —  The  origin  of  these  lands  may  be 
traced  back  to  an  act  passed  by  the  State  Legislature,  May  10, 
1784.  This  was  an  act  to  provide  for  the  settlement  of  the  waste 
and  unappropriated  lands  of  the  State.  It  was  intended  to  include 
all  of  such  lands  located  within  the  boundaries  of  the  State.  The 
act  provided  that  such  lands  should  be  divided  into  townships  of 
six  miles  square,  as  nearly  as  possible,  and  that  in  each  of  such 
townships  300  acres  of  land  should  be  set  apart  for  the  tise  of  a 
minister  of  the  gospel,  and  690  acres  for  the  use  of  a  public  school 
or  schools.  On  May  5,  1786,  the  State  Legislature  passed  another 
act  regulating  the  sale  of  the  unappropriated  public  lands  of  the 
State,  and  providing  that  the  Surveyor-General  should  mark  out  in 
each  township  laid  out,  one  lot  for  the  support  of  the  gospel  and 
schools,  as  nearly  as  possible  in  the  center  of  each  township,  and 
that  such  lot  should  not  be  sold,  but  reserved  for  and  applied  to 
promoting  the  gospel  and  the  public  school  or  schools  in  such 
township.  Under  the  provisions  of  this  act,  each  lot  was  to  contain 
640  acres,  or  as  nearly  that  amount  as  possible.  On  February  25, 
1789,  the  Legislature  passed  another  act  regulating  the  sale  and 
disposition  of  lands  belonging  to  the  State,  and  providing  that  town- 
ships should  be  divided  into  lots  containing  250  acres  of  land  or  as 
nearly  that  amount  as  possible,  and  that  one  lot  should  be  reserved 
as  nearly  in  the  center  of  each  township  as  possible,  for  the  sui)port 
of  the  gospel,  and  that  anotlier  lot  should  likewise  be  reserved  for 
the  support  of  schools  in  such  township.  Subsequent  acts  of  the 
State  Legislature  provided  that  the  annual  rents  and  profits  derived 
from  these  lots  set  apart  for  school  purposes,  should  be  distributed 
among  the  schools  in  each  town  employing  teachers  approved  by 
the  proper  authority,  in  proportion  to  the  aggregate  attendance  of 
pupils  in  their  respective  schools.  The  sale  of  the  gospel  and  school 
lands  has  been  directed  by  the  State  Legislature,  and  the  i)roceeds 
derived  therefrom  authorized  to  be  used  for  the  benefit  of  the  pub- 
lic schools  in  the  towns  in  which  such  lands  were  located. 

Literature  Fund. —  The  first  act  creating  this  fund  was  passed 
in  1786.  This  act  provided  that  unappropriated  lands  of  the  State 
should  be  sold  by  the  Commissioners  of  the  Land  Office,  and  the 


152  .NEW    YORK   SCHOOL   LAW 

funds  used  for  the  promotion  of  literature  in  the  State.  The 
revenue  derived  from  the  sale  of  lands  under  several  subsequent 
acts  was  added  to  this  fund.  Revenue  derived  from  arrears  of 
quit  rents  in  181 9,  from  the  sale  of  land  l)elonging  to  the  canal 
fund  in  1827,  and  from  the  United  States  Deposit  Fund  in  1836, 
was  also  added  to  this  fund. 

The  income  derived  from  this  fund  is  apportioned  from  the 
general  fund  for  educational  purposes.  The  capital  of  this  fund 
is  $284,201.32. 

State  School  Moneys  Defined. —  The  amount  appropriated  by 
the  State  Legislature  from  the  common-school  fund  and  from  the 
United  States  deposit  fund,  the  literature  fund,  together  with  the 
amount  appropriated  from  the  other  revenues  of  the  State  and 
formerly  known  as  the  Free  School  fund,  constitute  the  State 
school  moneys.     These  funds  are  apportioned  as  follows : 

State  Tax  for  Schools. —  Since  the  enactment  of  the  teachers' 
salary  law  of  1920  the  Legislature  has  each  year  authorized,  for 
the  support  of  common  schools,  a  direct  tax  of  one  and  one-half 
mills  on  each  dollar  of  real  and  personal  property  of  the  State 
subject  to  taxation.  The  main  purpose  of  this  act  is  to  aid  in  the 
])ayment  of  the  salaries  of  teachers  employed  in  the  schools  of 
the  State. 

Supervision  Quotas  to  Cities,  Villages  and  Districts  Employing 
Superintendents. —  Every  city  in  the  State  and  every  union  free- 
school  district  in  the  State  having  a  population  of  4,500  or 
more  —  which  employs  a  superintendent  of  schools,  is  entitled  to 
receive  $800.  This  money  must  be  used  for  the  support  of  the 
public  schools  of  such  city  or  union  free-school  district.  No  city 
or  district  is  entitled  to  this  allowance  unless  a  competent  person 
is  employed  as  superintendent,  who  shall  give  his  time  exclu- 
sively to  the  general  supervision  of  the  public  schools  of  such 
city  or  district.  This  appropriation  is  known  as  a  supervision 
quota. 

Enumeration  of  Inhabitants. —  A  union  free-school  district, 
claiming  a  population  of  4,500  and  employing  a  superintendent,  is 
not  entitled  to  any  allowance  in  the  first  instance  until  an 
enumeration  of  the  inhabitants  of  such  district  has  been  made 
which  shall  show  the  population  thereof  to  be  at  least  4,500.  The 
expense  of  taking  such  enumeration  is  a  charge  upon  the  district 
in  whose  interest  it  is  made,  and  must  be  paid  upon  the  certificate 
of  the  Commissioner  of  Education.  In  a  union  free-school  dis- 
trict whose  boundaries  are  coterminous  with  the  boundaries  of 
an  incorporated  village  and  last  federal  or  State  census  of  such 
village  may  be  used. 

District  and  Teachers*  Quotas. —  A  district  or  city,  to  be 
entitled  to  a  district  quota,  must  have  had  school  taught  therein 


STATE   SCHOOL   MOXEYS  153 

by  a  duly  licensed  teacher  (or  by  successive  duly  liccused 
teachers)  for  at  least  one  hundred  and  eighty  days,  inclusive  of 
legal  holidays,  and  exclusive  of  Saturdays.  Attendance  at 
teachers'  conferences  held  within  the  county  by  the  district 
superintendent,  not  exceeding  six  days  during  the  year,  may  also 
be  included.  It  is  unlawful  to  count  any  Saturday  as  a  part  of 
the  one  hundred  and  eighty  days  of  school  required,  and  it  is 
also  unlawful  to  have  school  in  session  on  a  legal  holiday,  excej)! 
general  election  day,  Lincoln's  Birthday  and  Washington's 
Birthday.* 

For  every  additional  duly  licensed  teacher  (or  successive  duly 
licensed  teachers)  employed  the  required  time  of  one  hundred 
and  eighty  days,  the  district,  city  or  orphan  asylum  shall  be 
entitled  to  one  teacher's  quota. 

The  amount  of  a  district  quota  is  as  follows:  Each  district 
having  an  assessed  valuation  of  $20,000  or  less,  $200 ;  each  dis- 
trict having  an  assessed  valuation  of  $40,000  or  less  but  more 
than  $20,000,  $175;  each  district  having  an  assessed  valuation  of 
$60,000  or  less  but  more  than  $40,000,  $150;  each  district  having 
an  assessed  valuation  greater  than  $60,000,  each  orphan  asylum 
having  a  school  conforming  to  the  regulations  governing  the 
public  schools  system  and  each  city  of  the  State,  $125.  Each 
Indian  reservation  receives  a  quota  of  $150  for  each  teacher  em- 
ployed therein  for  a  period  of  thirty-two  w-eeks  or  more. 

The  amount  of  a  teacher's  Cjuota  for  each  city  and  district  is 
$100. 

Additional  teachers'  quotas  are  provided  by  section  491-a  of  the 
Education  Law,  as  amended  by  L.  1920,  ch.  680;  L.  1921,  ch.  584. 
This  section  provides  as  follows:  In  addition  to  any  other 
apportionment  or  quota  provided  for  in  this  article,  to  be  applied 
to  the  payment  of  teachers'  salaries,  the  Commissioner  of  Edu- 
cation shall  apportion  and  pay  annually,  at  the  same  time  and  in 

*  Legal  Holidays. —  The  following  days  are  legal  holidays  in  this  State: 

January  i  —  New  Years  Day. 

February  12  —  Lincoln'.s  Birthday. 

February  22  —  Washin,^ ton's  Birthday. 

May  30 — ^lemorial  Day. 

July  4  —  Independence  Day. 

First  Monday  in  September  —  Labor  Day. 

October  12  —  Columbus  Day. 

First  Tuesday  after  first  Alonday  in  November  —  General  Election. 

Last  Thursday  in  November  —  Thanksgiving  Day. 

December  25  —  Christmas  Day. 

The  first  Thursday  in  Jtme  in  each  year,  except  in  those  years  when  the 
first  Thursday  in  June  occurs  in  the  same  week  with  Memorial  'Day,  and  in 
such  years  the  second  Thursday  in  June  is  known  as  Anniversarj'  Day,  and 
celebrated  in  commemoration  of  the  organization  of  Sunday  Schools,  and  is 
a  holiday  in  all  public  schools  in  the  borough  of  Brooklyn,  City  of  New  York. 

If  a  legal  holiday  occurs  on  Stmday.  the  day  following  is  observed  and 
considered  in  all  respects  as  a  legal  holiday. 


154  NEW  YORK   SCHOOL   LAW 

the  same  manner  as  public  school  moneys  are  apportioned  and 
paid  under  this  article,  or  prior  thereto  in  the  discretion  of  the 
Commissioner  of  Education,  to  each  city  school  district  and  to 
each  common  or  union  free-school  district,  from  moneys  appro- 
priated for  the  support  of  common  schools,  for  each  teacher 
employed  in  the  school  or  schools  of  such  district  who  shall  have 
taught  during  the  period  required  by  law,  as  follows: 

(a)  In  cities  of  the  first  class  containing  a  population  of  over 
1,000,000,  $600. 

(b)  In  cities  of  the  first  class  containing  a  population  of  less 
than  1,000,000;  in  cities  of  the  second  class  containing  a  popu- 
lation, according  to  the  federal  census  of  1920,  of  over  150,000; 
in  a  city  school  district  in  a  city  of  the  third  class  adjoining  a  city 
of  the  first  class  containing  a  population  of  less  than  1,000,000; 
and  in  cities  of  the  second  and  third  classes  in  a  county  adjoin- 
ing a  city  having  a  population  of  over  1,000,000,  which  county 
has  a  population  of  over  300,000,  $550. 

(c)  In  other  cities  of  a  population  of  50,000  or  more  and  in 
union   free-school   districts   wholly   situated   within   such   cities, 

^450- 

(d)  In  other  cities  of  a  population  of  less  than  50,000  and  in 

union  free-school  districts  authorized  by  law  to  have  superin- 
tendents of  schools,  $350. 

(e)  In  other  union  free-school  districts  maintaining  academic 
departments,  $350. 

(f)  In  each  other  school  district  employing  more  than  one 
teacher,  $300. 

(g)  In  each  other  school  district  employing  but  one  teacher 
and  having  an  assessed  valuation  exceeding  $100,000,  $200. 

(h)  In  each  other  school  district  employing  but  one  teacher 
and  having  an  assessed  valuation  of  $100,000  or  less,  $200,  and 
in  addition  thereto  the  sum  of  $3  for  each  entire  $1,000  that  the 
assessed  valuation  of  such  districts  is  less  than  $100,000. 

The  number  of  additional  teachers'  quotas  to  which  a  district 
may  become  entitled  is  based  upon  the  number  of  teachers  em- 
ployed the  preceding  school  year.  The  condition  upon  which 
this  quota  is  apportioned  is  that  the  district  has  complied  with 
the  law  governing  the  amount  of  the  teachers'  salaries.  In 
cities  and  union  free-school  districts  maintaining  academic  de- 
partments salary  schedules  are  required  to  be  adopted,  and  filed, 
for  approval,  with  the  Commissioner  of  Education  (see  chapter 
31,  post).  In  other  districts  the  law  requires  that  a  salary  of  at 
least  $20  a  week  be  paid  to  the  teacher.  If  the  teacher  is  paid 
at  such  rate  for  a  school  year  of  less  than  forty  weeks  the  addi- 
tional teacher's  quota  is  reduced  proportionately. 

lender  L.  1921,  ch.  327,  the  Commissioner  shall  apportion  to 
a  city  or  school  district  which  establishes  courses  of  instruction 


STATE    SCHOOL    MOXEVS 


'3D 


or  study  and  schools  in  connection  with  factories,  places  of  em- 
ployment, etc.,  for  the  benefit  of  foreign  born  and  native  adults 
and  minors  over  sixteen  years  of  age,  and  which  employs  for 
such  purpose  duly  qualified  teachers,  an  amount  equal  to  one- 
half  the  salary  paid  to  each  of  such  teachers  but  not  to  exceed 
$1,000  for  each  teacher  so  employed. 

The  distinction  between  a  district  quota  and  a  teacher's  quota 
should  be  clearly  understood.  An  examination  of  section  491, 
Education  Law,  may  give  a  clearer  understanding. 

When  two  or  more  districts  are  consolidated,  the  consolidated 
district  is  entitled  to  receive  a  quota  equal  to  the  aggregate 
amount  of  the  quotas  paid  to  the  several  districts  before 
consolidation. 

When  a  school  district  is  divided  into  portions,  which  are 
annexed  to  other  districts,  the  district  quota  of  such  district, 
based  upon  the  assessed  valuation  of  the  taxable  property  within 
the  bounds  of  the  district  at  the  time  of  division,  shall  be  appor- 
tioned among  such  other  districts  in  the  proportions,  respec- 
tively, that  the  assessed  valuation  of  the  taxable  property  in  the 
annexed  portions  bears  to  the  assessed  valuation  of  such  prop- 
erty in  the  district  so  divided. 

Training  Class  Quota. —  A  school  maintaining  a  training  class 
under  the  regulations  of  the  Department  is  entitled  to  a  quota  of 
$700.  Such  school  would  also  be  entitled  to  include  in  the  num- 
ber of  teachers  reported  to  the  Department  as  employed  180  davs 
or  more  the  training  class  teacher  and  would  be  entitled  to  a 
teacher's  quota  of  $100  for  such  teacher,  and  an  additional 
teacher's  quota  as  above  stated. 

Industrial  Education  Quota. —  There  is  appropriated  to  each 
city  and  school  district  maintaining  a  general  industrial  school, 
unit  trade  and  technical  school,  part-time  or  continuation  school, 
practical  arts  or  homemaking  school,  evening  vocational  school 
or  school  of  agriculture  or  mechanic  arts,  and  employing  a  duly 
qualified  teacher  whose  time  is  exclusively  devoted  to  such  work. 
a  sum  equal  to  two-thirds  of  the  salary  paid  to  such  teacher,  but 
not  exceeding  $1,000;  and  for  each  additional  teacher  so  em- 
ployed a  sum  equal  to  one-half  of  the  salary  of  such  teacher  but 
not  exceeding  $1,000.  (See  section  605  of  the  Education  Law, 
and  Chapter  XVHI,  post.) 

Director  Agriculture  Quota. —  A  city  or  school  district  which 
employs  a  director  of  agricultural  education  under  the  rule  of  the 
Regents  is  entitled  to  a  quota  of  one-half  the  salary  of  such 
director,  but  not  exceeding  the  sum  of  $600. 

Physical  Education  Quota. —  A  city  or  district  is  entitled  to  a 
quota  of  one-half  the  salary  paid  to  each  teacher  or  supervisor  of 
physical  education  who  is  employed  in  such  city  or  district  in 


156  NEW   YORK   SCHOOL   LAW 

accordance  with  Regents  rules.    The  amount  of  each  quota  shall 
in  no  case  exceed  $600. 

Additional  Apportionment  to  Cities,  Academic  Departments 
and  Libraries. —  To  each  city,  uniijn-school  district,  and  nun- 
sectarian  academy,  for  each  year  of  academic  instruction  main- 
tained therein  up  to  and  including  the  fourth  year  of  high  school 
work,  $200. 

To  each  nonsectarian  private  academy  for  approved  books, 
reproduction  of  standard  works  of  art  and  apparatus  an  amount 
equal  to  the  amount  raised  from  local  sources  but  not  to  exceed 
$250. 

To  each  city  for  approved  books,  reproduction  of  standard 
works  of  art  and  apparatus  an  allowance  not  to  exceed  $18  and 
two  dollars  additional  for  each  duly  licensed  teacher  employed 
therein  for  the  legal  term  and  $250  for  each  academic  department. 

To  each  union  school  district  maintaining  an  academic  depart- 
ment for  approved  books,  reproduction  of  standard  works  of  art 
and  apparatus  an  allowance  equal  to  the  amount  raised  from  local 
sources  but  not  to  exceed  $268  annually  and  two  dollars  addi- 
tional for  each  teacher  employed  in  the  district  for  the  legal  term. 

To  all  other  school  districts  for  approved  books,  reproduction 
of  standard  works  of  art,  geographical  maps  and  a  globe  an 
allowance  not  to  exceed  $18  annually  and  two  dollars  additional 
for  each  duly  licensed  teacher  employed  in  the  district  for  the 
legal  term. 

The  amount  of  tuition  paid  by  the  State  for  nonresident  tuition 
in  high  schools  or  academic  departments  is  $50  per  year  for  not 
less  than  thirty-six  weeks.  (See  chapter  23.)  Similar  tuition 
may  be  paid  high  schools  and  academic  departments  for  instruc- 
tion of  nonresident  pupils  attending  from  military  reservations 
located  within  the  boundaries  of  the  State  but  under  the  juris- 
diction of  the  United  States. 

Where  pupils  may  be  more  conveniently  instructed  in  the 
academic  department  of  a  school  located  in  another  State,  simi- 
lar nonresident  tuition  may  be  paid  to  such  school  outside  the 
State  as  is  paid  to  schools  in  the  State  for  nonresident  pupils. 

After  the  payment  of  the  above  allowances  the  balance  shall 
be  divided  among  the  several  academies  maintaining  academic 
departments,  other  than  high  schools  and  academic  departments 
maintained  by  cities  and  union  free-school  districts,  on  the  basis 
of  aggregate  days'  attendance  of  academic  pupils  therein. 

Application  of  State  School  Funds. —  All  moneys  apportioned 
to  a  school  district  or  city  by  the  Commissioner  of  Education  as 
described  in  the  preceding  paragraphs,  must  be  used  by  such 
district  or  city  for  the  payment  of  the  salaries  of  duly  licensed 
teachers  employed  in   such  district   or   city,  or   for  tuition  and 


STATE    SCHOOL    MOXEVS  1 57 

transportation  of  pupils.  It  is  a  niisdemeanor  for  school  authori- 
ties to  use  this  money  for  any  other  purpose. 

Allowance  to  Excluded  Districts. —  When  a  school  district  has 
been  excluded  from  particii)alion  in  any  apportionment  Idv  fail- 
ing to  make  a  report  re(|uired  by  law  or  by  failing  to  comply 
with  any  other  provision  of  law  or  with  any  regulation  of  the 
Commissioner  of  Education  which  he  has  authority  to  adopt,  he 
may,  in  his  discretion,  when  it  shall  be  shown  to  his  satisfaction 
that  such  omission  was  accidental  or  excusable,  allow  such  dis- 
trict an  equitable  apportionment.  If  the  apportionment  was 
made  by  the  Commissioner  of  Education,  he  may  cause  an 
equitable  apportionment  to  be  allowed  such  district  to  be  paid 
out  of  the  contingent  fund  ;  and  if  the  apportionment  was  made 
by  the  district  superintendent,  he  has  authority  to  direct  him  to 
apportion  such  allowance  to  the  district  at  the  next  annual 
apportionment.  Such  allowance  must  be  in  addition  to  any 
apportionment  to  which  such  district  may  then  be  entitled. 

May  Withhold  School  Moneys. —  The  Commissioner  of  Edu- 
cation may  withhold  the  school  money  due  a  district  or  city  for 
wilful  violation  of  a  provision  of  law  or  a  regulation  of  the 
Department.  He  may  also  withhold  one-half  the  money  due  a 
city,  town  or  district  for  failure  to  enforce  the  compulsory  edu- 
cation law. 

May  Direct  Payment  of  Quota  When  Teacher  Was  Not 
Qualified. —  Where  a  teacher  has  been  employed  who  was  not 
duly  qualified,  the  Commissioner  of  Education  may,  in  his  dis- 
cretion, upon  the  recommendation  of  the  district  superintendent 
having  jurisdiction  over  the  district  in  which  such  teacher  was 
emplo3'ed,  excuse  the  default  and  direct  the  apportionment*  of 
public  moneys  to  such  district. 

May  Reclaim  Moneys  Apportioned. —  Whenever  money  shall 
have  been  apportioned  to  a  county,  part  of  a  county,  or  school 
district  to  which  it  was  not  entitled,  and  when  such  money  shall 
not  have  been  expended,  the  Commissioner  of  Education  may 
reclaim  such  money  or  excess  by  directing  that  such  money  shall 
be  paid  by  any  officer  in  whose  hands  it  may  l)e,  into  the  State 
treasury.  Such  money  when  reclaimed  shall  be  credited  to  the 
free-school  fmid.  If  such  money  shall  have  l)een  expended  so 
that  it  shall  be  impracticable  to  reclaim  it,  the  Commissioner  of 
Education  shall  deduct  such  amount  from  the  portions  of  the 
county  or  district  which  received  it,  in  his  next  annual 
apportionment. 

Supplemental  Apportionment. —  Whenever  a  school  district  or 
countv  shall  have  received  by  apportionment  a  less  simi  than  it 
is  entitled  to,  the  Commissioner  may  make  a  supplementary 
apportionment  to  make  up  such  deficiency,  which  apportionment 


158  NEW   YORK   SCHOOL   LAW 

shall  be  payable  out  of  the  contingent  fund.  If  this  fund  is  not 
sufficient  for  the  purpose,  the  Commissioner  shall  supply  such 
deficiency  in  his  next  annual  apportionment. 

Certificate  of  Apportionment. —  As  soon  as  possible  after  the 
Commissioner  of  Education  has  made  an  annual  apportionment, 
he  should  lile  with  the  county  clerk,  the  county  treasurer,  the 
district  superintendents,  and  the  city  treasurers  or  chamberlains, 
of  every  county  and  city  of  the  State,  a  certificate  of  apportion- 
ment for  their  county  or  city.  When  the  Commissioner  makes  a 
supplemental  apportionment,  he  should  file  a  certificate  of  such 
apportionment  with  the  county  clerk,  the  county  treasurer,  and 
the  district  superintendents  of  the  county  in  which  the  school- 
houses  of  the  district  are  located. 

When  School  Moneys  are  Payable. —  One-half  of  the  school 
moneys  are  payable  on  or  before  the  first  day  of  March  and  the 
remaining  part  on  or  before  the  fifteenth  day  of  May  in  each  year. 

Apportionment  by  District  Superintendent. —  The  district 
superintendents  of  each  county  are  required  to  apportion  on  or 
before  the  fifteenth  day  of  February  in  each  year,  the  district, 
teachers'  and  supervision  quotas. 

To  Set  Apart  District  Quotas. —  The  district  superintendents 
should  first  set  apart  to  each  school  district  under  their  jurisdic- 
tion the  district  and  teachers'  quotas  apportioned  to  such  districts 
by  the  Commissioner  of  Education.  They  should  also  set  apart 
to  each  school  district  which  did  not  share  in  the  apportionment 
of  the  previous  year,  such  sum  as  the  Commissioner  of  Education 
shall  have  allowed  it. 

Unexpended  Moneys  in  Hands  of  Supervisors. —  District 
superintendents  should  obtain  from  the  supervisor  of  the  town  a 
report  of  the  unexpended  moneys  which  were  in  his  hands  on  the 
first  Tuesday  of  February,  and  which  were  applicable  to  the  pay- 
ment of  teachers'  wages.  The  amount  in  each  supervisor's  hands 
is  charged  as  a  partial  payment  to  his  town  on  the  amount  due 
that  town  for  district  and  teachers'  quotas. 

Apportionment   of   Fines   Held   by   County   Treasurer. —  The 

district  superintendents  should  also  obtain  from  the  county  treas- 
urer a  report  of  the  amount  of  money  paid  to  him  from  fines  and 
penalties  or  obtained  from  any  other  source  for  the  benefit  of  the 
schools  of  any  town  or  for  any  district  in  the  county.  If  any  such 
money  has  been  received  by  the  county  treasurer  for  a  school  dis- 


STATE   SCHOOL    MONEYS  158a 

trict  it  shall  be  set  aside  by  the  superintendents  and  credited  to 
such  district.  If  such  money  has  been  received  for  the  schools  of 
a  town,  then  it  shall  be  placed  to  the  credit  of  such  town  and 
shall  be  apportioned  to  school  districts  of  such  town  with  the 
other  school  moneys  belonging  to  the  town,  and  shall  be  used 
to  pay  the  salaries  of  teachers. 

Superintendents'  Certificate  of  Apportionment. —  After  having 
completed  their  apportionment,  superintendents  should  make  and 
sign  two  certificates  showing  the  amount  apportioned  to  each 
school  district  and  part  of  a  district,  also  the  towns  in  which  the 
districts  are  located  and  the  source  from  which  each  item  was 
derived.  One  of  these  certificates  should  be  immediately  filed 
vinth  the  county  treasurer  and  the  other  with  the  Commissioner 
of  Education. 

Superintendents'  Certificate  to  Supervisors. —  The  superin- 
tendents should  immediately  after  making  an  apportionment  file 
with  each  supervisor,  in  their  respective  districts,  a  statement 
showing  the  amount  apportioned  to  each  town  and  the  portions 
which  such  supervisors  should  pay  to  each  school  district  or  part 
of  a  district. 

Filing  Certificate  of  Apportionment. —  Upon  receipt  of  the 
superintendents'  certificate  of  apportionment,  supervisors  should 
make  a  copy  thereof  for  their  own  use,  and  each  should  file  the 
original  in  the  town  clerk's  ofiice  of  his  town. 

Correcting  Erroneous  Apportionment. —  The  Commissioner  of 
Education  is  required  to  correct  any  error  made  by  himself  or  a 
district  superintendent.  If  a  district  has  not  been  paid  its  full 
share  of  funds  the  Commissioner  of  Education  may  apportion  to 
such  district  from  the  contingent  fund  any  balance  to  which  it  is 
entitled.  If  a  district  has  been  paid  too  much  the  Commissioner 
of  Education  should  deduct  from  its  next  apportionment  such 
sum  as  will  properly  correct  the  error  made. 

Districts  Entitled  to  Share  in  Apportionment. —  No  district  is 
entitled  to  share  in  the  apportionment  of  school  moneys  unless 
the  trustees'  report  for  the  preceding  school  year  shows  that  a 
school  was  maintained  in  the  district  and  taught  by  a  qualified 
teacher  for  at  least  i8o  days,  inclusive  of  legal  holidays,  and  of 


I58I:'  NEW    YORK    SCHOOL   LAW 

attendance  upon  teachers'  conferences  —  which  shall  not  exceed 
six  days. 

Payment  of  School  Moneys  to  Supervisors. —  After  the  super- 
visor has  given  the  required  bond  and  the  county  treasurer  has 
received  the  school  money  from  the  State  Treasurer,  such  money 
is  paid  by  the  county  treasurer  to  the  supervisors  of  his  county, 
who  disburse  it  as  required  by  law.  The  county  treasurer  pays 
direct  to  city  treasurers  and  to  treasurers  of  union  free-school  dis- 
tricts having  a  population  of  5,000  or  more. 

For  further  information,  see  chapter  on  "  Supervisors,  County 
Treasurers,  etc." 

Distribution  of  State  Revenues  Derived  from  Tax  on  Manu- 
facturing and  Mercantile  Corporations  and  Personal  Income 
Tax  to  School  Districts, —  Under  amendments  made  to  the  Tax 
Law  by  the  1921  Legislature,  school  districts  now  share  in  the 
distribution  of  certain  State  revenues. 

Upon  the  distribution  of  the  revenues  collected  from  the  tax 
on  manufacturing  and  mercantile  corporations  the  entire  allot- 
ment of  any  town  paid  to  the  supervisor  shall  be  further  distrib- 
uted by  him  as  follows :  One-third  shall  be  apportioned  among 
the  several  school  districts  in  such  town  in  the  proportions  that 
the  total  amount  of  the  assessed  valuation  of  all  the  real  prop- 
erty of  such  corporations  in  each  of  said  school  districts,  respec- 
tively, or  part  thereof  in  such  town,  bears  to  the  aggregate 
assessed  valuation  of  all  the  real  property  of  such  corporations 
in  the  entire  town,  as  the  same  appears  upon  the  last  preceding 
town  assessment-roll. 

Upon  the  distribution  of  the  revenues,  derived  from  the  per- 
sonal income  tax,  to  any  town  the  supervisor  shall  distribute 
not  to  exceed  one-third  of  such  allotment  to  such  town  among 
the  several  school  districts  in  the  town  in  the  proportions  that 
the  assessed  valuation  of  the  real  property  of  each  of  such  school 
districts,  respectively,  or  part  thereof  in  such  town  as  the  same 
appears  upon  the  last  preceding  town  assessment-roll  bears  to 
the  aggregate  assessed  valuation  of  the  real  property  of  the 
entire  town.  But  the  amount  so  distributed  to  any  school  dis- 
trict for  any  one  year  shall  not  exceed  one-fourth  of  the  amount 
raised  by  taxation  in  such  school  district  for  school  purposes 
during  the  preceding  year. 


REVIEW    QUESTION'S  I55 

REVIEW  QUESTIONS 

What  is  the  constitutional  provision  in  relation  to  certain  funds?  What 
prohibition  in  relation  to  State  aids?  Name  three  sources  from  which  the 
State  has  derived  revenue  for  the  support  of  the  public  school  system.  What 
is  the  Education  Fund?  When  was  the  Common  School  Fund  created? 
\\'hat  led  to  its  creation?  How  was  it  created?  When  was  the  first  distribu- 
tion made?  What  was  the  amount  of  the  revenue  of  this  fund  at  that  time? 
Upon  what  basis  was  it  apportioned?  What  were  counties  required  to  do 
to  participate  in  the  distribution  of  this  revenue?  For  what  was  the  money 
derived  from  these  two  sources  used?  When  this  amount  was  insufficient  to 
pay  the  salary  of  teacheri,  how  was  the  balance  raised?  What  was  the 
capital  of  this  fund  in  1805?  In  1917?  What  amount  does  the  Legislature 
annually  appropriate  from  this  fund  for  common  schools? 

When  was  the  United  States  Deposit  Fund  created?  By  what  body? 
How  was  it  created?  What  amount  did  Xew  York  State  receive?  Was 
this  fund  given  or  loaned  to  the  State?  Could  this  money  be  recalled?  What 
provision  does  the  State  constitution  make  in  relation  to  this  fund?  What 
disposition  was  made  of  this  money  in  1857?  What  officers  have  charge  of 
this  money?  How  are  they  chosen?  What  do  they  do  with  this  money? 
In  1858  what  amount  from  the  revenue  of  this  fund  was  appropriated  by  the 
State  Legislature?  For  what  period  was  this  amount  appropriated?  What 
amount  has  been  appropriated  since  1881  ?  How  is  the  amount  appropriated 
now  used?     What  caused  the  reduction  in  the  revenue  from  this  fund? 

What  is  the  Free-School  Fund?  How  is  the  amount  annually  appro- 
priated determined?  When  was  this  fund  created?  What  amount  was 
appropriated  that  year?  In  what  year  was  the  increase  greatest?  Why? 
What  increase  was  made?  What  was  the  evident  intent  of  the  Legislature 
when  it  made  this  increase  ?  Does  the  fund  do  this  ?  How  is  the  deficiency 
raised?  What  was  the  cost  of  maintaining  the  school  system  of  the  State 
in  the  year  ending  July  31,  1918?  How  was  this  money  raised?  Explain  the 
origin  of  Gospel  and  School  lands.  How  was  the  revenue  derived  from  this 
source  used?  Trace  the  origin  and  purpose  of  the  literature  fund.  What 
constitute  the  Slate  school  moneys?  What  is  the  authorized  amount  of  State 
tax  for  schools? 

Upon  what  basis  is  an  apportionment  made  to  cities  and  villages  foi 
supervision?  l-'or  what  purposes  must  this  money  be  used?  What  is  neces- 
sary to  entitle  a  city,  village  or  district  to  an  allowance  for  a  superintendent? 
What  is  a  supervision  quota  ? 

\\'hen  is  an  enumeration  of  the  inhabitants  necessary?  How  is  the  expense 
of  an  enumeration  paid?  Under  whose  certificate?  When  does  the  Commis- 
sioner of  Education  make  the  apportionment?  What  are  district  quotas? 
What  are  teachers'  quotas?  Upon  what  basis  are  district  quotas  appor- 
tioned? What  entitles  a  district  to  a  district  quota?  May  legal  holidays  be 
included  as  any  part  of  the  180  days  that  schools  are  required  to  be  taught 
in  order  to  entitle  a  district  to  a  quota?  May  Saturdays?  May  a  school 
be  lawfully  in  session  on  a  legal  holiday?  Name  the  legal  holidays  in  this 
State.     When  is  a   district   entitled  to   more  than  one  quota?     How  many 


l6o  NEW  YORK   SCHOOL  LAW 

quotas  may  a  district  receive?  On  what  basis  are  quotas  apportioned  to 
cities?  What  is  the  basis  of  apportionment  to  a  consolidated  district?  What 
is  the  amount  of  a  training  class  quota? 

What  is  the  amount  of  a  quota  for  a  school  maintained  under  the 
industrial  education  law?  What  is  the  basis  of  apportionment  for  a  director 
of  agriculture?  Of  ph\^sical  training?  What  additional  quota  is  apportioned 
each  city,  town  or  union  free-school  district  for  an  academic  department? 
What  apportionment  to  a  non-sectarian  academy?  To  a  citj^  for  approved 
books?  What  additional  apportionment  is  made  to  union  free-schoc!  districts 
for  books?  What  to  other  districts?  What  apportionment  is  made  non- 
resident tuition?  For  attendance?  For  what  purpose  must  school  moneys 
apportioned  by  the  Commissioner  of  Education  be  used  ?  What  is  the  penalty 
for  using  them  otherwise? 

For  what  reasons  may  a  school  district  be  excluded  from  participating  in 
an  apportionment?  How  may  an  allowance  be  made  in  such  cases?  If  the 
apportionment  has  been  made,  how  may  the  allowance  be  made  ?  When  maj'' 
the  Commissioner  of  Education  withhold  the  money  due  a  district  or  city? 
What  portion  may  be  withheld  from  a  town?  When?  A\'hat  authority  has 
the  Commissioner  of  Education  in  cases  where  a  district  or  town  is  not 
entitled  to  a  quota  by  reason  of  having  employed  an  unqualified  teacher?  How 
may  that  which  has  been  wrongly  apportioned  be  reclaimed?  What  disposition 
is  made  of  such  money  when  recovered?  If  such  money  has  been  expended 
and   cannot   be   reclaimed,  what  should  be   done?     What  is   done  with   the 

money  thus  deducted? 

What  is  the  remedy  when  a  school  district  has  not  received  its  just  appor 
tionment?  What  if  this  fund  is  insufficient?  With  what  officers  should 
the  Commissioner  of  Education  file  a  certificate  of  his  annual  apportionment? 
What  certificate  should  he  file  of  supplemental  apportionments?  When  does 
the  law  provide  that  school  moneys  shall  le  payable?     To  whom? 

When  do  district  superintendents  apportion  school  money?  What  moneys 
should  they  first  set  apart?  How  do  district  superintendents  ascertain  the 
amount  of  unexpended  moneys  in  the  hands  of  supervisors?  What  is  done 
with  this  money?  Are  these  moneys  returned  by  supervisors?  How  are 
such  cases  adjusted?  How  do  superintendents  ascertain  the  amount  of  fines 
and  penalties?  How  should  records  of  these  matters  be  kept?  How  should 
such  moneys  be  apportioned? 

What  certificate  must  the  superintendents  file  with  the  county  treasurer  and 
the  Commissioner  of  Education?  What  statement  should  a  superintendent 
file  with  supervisors  of  the  towns  of  his  district?  What  should  supervisors 
do  with  such  statements?  How  may  an  erroneous  apportionment  be  cor- 
rected? What  school  districts  are  entitled  to  share  in  an  apportionment? 
What  districts  are  not?  From  whom  docs  the  county  treasurer  obtain  the 
school  money?  To  whom  does  the  county  treasurer  pay  it?_  ^\'hat  does  that 
officer  do  with  it?  To  what  extent  do  school  districts  share  in  the  disposition 
of  State  revenues  derived  from  the  tax  on  manufacturing  and  mercantile 
corporations?     Personal  income  tax? 


CHAPTER    XVII 

COURSES    OF    STUDY,    SUBJECTS    INCLUDED,    ETC. PHYSIOLOGY    AXD 

HYGIENE HUMANE    TREATMENT     OF    ANIMALS     AND     BIRDS 

INSTRUCTION    IN    PATRIOTISM    AND    CITIZENSHIP 

[Articles   lo,   ii   and  26-260] 

Authority  to  Adopt  Courses  of  Study. —  Under  the  education 

law  the  authorit}'  to  prescrilje  courses  of  study  for  common- 
school  districts  is  given  to  the  trustees  of  such  districts. 

The  authority  to  prescribe  courses  of  study  for  union  free- 
school  districts  is  given  to  boards  of  education  of  such  districts. 

Subjects  That  Must  be  Included  in  Such  Courses. —  There  is 
no  direct  provision  of  law  naming  the  suljjects  that  shall  consti- 
tute courses  of  study  prepared  by  trustees  and  boards  of  educa- 
tion. The  only  express  provisions  of  law  requiring  that  any  sul:)- 
ject  shall  be  taught  are  those  requiring  that  physiology  and  hy- 
giene with  special  reference  to  the  effects  of  stimulants  and  nar- 
cotics shall  be  taught  in  all  pul^lic  schools,  physical  education, 
instruction  relative  to  the  humane  treatment  and  protection  of 
animals  and  birds,  and  instruction  in  patriotism  and  citizenship. 

The  Compulsory  Education  Law  provides  that  the  children  who 
are  required  by  that  law  to  attend  upon  instruction  shall  be  taught 
in  English  in  the  branches  of  reading,  spelling,  writing,  arithmetic, 
English  language,  geography.  United  States  History,  civics  and 
hygiene. 

The  trustees  of  each  district  must  include  in  its  course  of 
study  these  subjects  and  in  addition  thereto  the  subject  of  physi- 
ology and  hygiene  as  required  by  law,  courses  of  instruction  in 
patriotism  and  citizenship,  physical  training  and  the  care  and 
protection  of  animals  and  birds;  and  such  subjects  must  be 
taught  in  all  public  schools. 

Other  Subjects  May  be  Included. —  Trustees  and  boards  of  edu- 
cation have  the  authority  to  include  in  their  course  of  study  other 
subjects  not  named  in  the  preceding  paragraphs.     In  arranging 

161 


l62  NEW    YORK    SCHOOL   LAW 

such  courses  they  should  exercise  proper  discretion.  If  trustees 
abuse  the  power  granted  them  in  this  respect  and  include  subjects 
not  practical  and  not  for  the  best  educational  interests  of  the  dis- 
trict, an  appeal  should  be  taken  to  the  Commissioner  of  Educa- 
tion, who  has  the  authority  to  order  that  such  subjects  shall  not 
be  included  in  a  course  of  study. 

Authority  of  Teachers. —  A  teacher  has  no  authority  in  arrang- 
ing- courses  of  study  and  cannot  direct  what  studies  shall  be  pur- 
sued.    This  is  a  matter  resting  solely  with  the  board  of  education. 

Trustees  and  boards  of  education  generally  refer  to  teachers 
the  preparation  of  courses  of  study. 

Authority  of  Parents. —  Parents  cannot  direct  what  subjects  shall 
be  included  in  a  course  of  study  or  what  subjects  their  cliildren 
shall  pursue.  When  a  child  is  admitted  to  any  ])ublic  school  such 
child  must  pursue  the  course  of  study  prescribed  by  the  legal 
authorities  of  such  school. 

PHYSIOLOGY   AXD    HYGIENE 
[Article  26] 

Character  of  Instruction. —  The  law  provides  that  the  nature 
of  alcoholic  drinks  and  other  narcotics  and  tJicir  effects  on  the 
human  system  shall  be  taught  as  thoroughly  as  other  subjects  are 
taught  in  all  schools  under  State  control  or  supported  in  whole  or 
in  part  by  the  public  money  of  the  State.  Such  instruction  must 
also  be  given  in  schools  connected  with  reformatory  institutions. 
This  instruction  must  be  given  in  connection  with  the  various 
divisions  of  physiology  and  hygiene. 

Who  Shall  Receive  Instruction. —  The  pupils  in  all  schools 
described  in  the  preceding  paragraph  who  are  below  the  second 
year  of  the  high  school  and  aboz'e  the  third  year  of  school  work, 
counting  from  the  lowest  primary,  but  not  including  the  kinder- 
garten, or  who  are  in  corresponding  classes  in  ungraded  schools, 
must  sti(d\  and  uiKSt  be  taught  this  subject  from  suitable  textbooks. 
All  pupils  who  come  within  these  provisions  must  be  supplied  with 
suitable  textbooks. 

All  pupils  in  the  three  lowest  primary  school  years,  not  including 
kindergarten,  must  receive  oral  instruction. 

Period  of  Instruction. —  The  official  ruling  on  the  subject  has 
always  been  as  follows  : 


COURSES    OF    STUDY 


163 


All  pupils  above  the  third  year  or  grade,  and  below  the  second  year  of 
the  high  school,  must  study  the  subject  from  suitable  textbooks  for  not  less 
tJian  three  lessons  a  zveek  for  ten  or  more  weeks,  or  the  equivalent  of  the 
same  in  each  year.  This  requires  thirty  lessons  during  the  school  year, 
which  may  be  given  at  any  time  in  the  discretion  of  the  local  school  authori- 
ties. Any  plan  may  be  adopted  which  will  complete  thirty  lessons  within  the 
school  year. 

Where  there  are  nine  or  more  years  below  the  high  school,  the  instruction 
may  be  omitted  above  the  eighth  year  and  below  the  high  school. 

Note. —  All  pupils  in  the  lowest  three  primary  (not  kindergarten)  school 
years  shall  be  instructed  in  this  subject  orally  for  not  less  than  tzi'o  lessons 
a  week  for  ten  weeks  or  the  equivalent  of  the  same  in  each  year.  This 
requires  tiventy  lessons  during  each  school  year,  arranged  in  the  discretion  of 
local  school  authorities. 

Textbooks. — All  textbooks  used  must  be  graded  to  the  capaci- 
ties of  fotirth  year,  intermediate,  grammar,  and  high  school  pupils, 
or  to  corresponding  classes  in  ungraded  schools.  For  students  be- 
low the  high-school  grade,  all  textbooks  must  give  at  least  one-fifth 
their  space,  and  for  pupils  of  the  high-school  grade,  not  less  than 
twenty  pages,  to  the  "  nature  and  effects  of  alcoholic  drinks  and 
other  narcotics,"  This  subject  must  be  considered  in  connection 
with  each  division  of  physiolog}'  and  hygiene.  Pages  in  a  separate 
chapter  at  the  end  of  a  book  cannot  be  considered  in  determining 
the  minimum  pages  which  a  book  must  contain. 

A  textbook  which  does  not  comply  with  these  provisions  cannot 
legally  be  used. 

Regents'  Examinations. — All  Regents'  examinations  in  physi- 
ology and  hygiene  must  include  a  proportionate  number  of  questions 
on  the  nature  of  alcoholic  drinks  and  other  narcotics  and  their 
effects  on  the  Imman  system. 

Instruction  in  Normal  School  and  Training  Classes. —  All 
normal  schools  and  training  classes  in  the  State  must  give  proper 
time  and  attention  to  the  best  methods  of  teaching  this  subject. 

Duty  of  Teacher. —  It  is  the  duty  of  every  teacher  to  teach 
this  subject  as  required  by  law,  and  the  Commissioner  of  Education, 
on  satisfactory  evidence  that  any  teacher  has  willfully  refused  to 
teach  the  subject,  is  required  to  revoke  the  license  of  such  teacher. 

No  teacher  can  receive  a  certificate  to  teach  who  does  not  pass  a 
satisfactory  examination  in  the  subject  and  the  best  methods  of 
teaching  it. 


164  NEW    YORK    SCHOOL   LAW 

Apportionment  of  Public  Money. —  Before  any  city  can  receive 
any  of  the  public  money  of  the  State,  the  superintendent  of 
schools  of  such  city  must  file  an  afifidavit  with  the  city  treasurer  or 
chamberlain,  and  a  copy  thereof  with  the  Commissioner  of  Educa- 
tion, that  he  has  made  an  investigation  into  the  facts  and  that  to 
the  best  of  his  knowledge  and  belief  all  the  provisions  of  this  law 
have  been  complied  with  in  the  schools  under  his  supervision. 

A  similar  affidavit  must  be  made  by  the  president  of  the  board 
of  education  of  each  union  free-school  district  and  by  the  trustees 
of  each  common-school  district  and  filed  with  the  district  super- 
intendents having-  jurisdiction  before  the  schools  under  the 
control  of  such  boards  shall  be  apportioned  public  money. 

Duties  of  School  Officers. —  The  law  directs  that  local  school 
authorities  must  provide  the  necessary  facilities  and  a  definite 
time  and  place  for  this  branch  in  the  regular  courses  of  study. 
Under  this  provision  of  law  the  Commissioner  of  Education  has 
ruled  that  where  school  patrons  are  unable  or  unwilling  to  buy 
necessary  text-books  the  local  authorities  may  purchase  such 
books  at  the  expense  of  the  district. 

Withholding  Public  Money.—  Where  it  is  established  to  the 
satisfaction  of  the  Commissioner  of  Education,  upon  appeal,  that 
any  city  or  school  district  has  failed  to  comply  with  the  provisions 
of  this  law,  he  is  required  to  withhold  the  public  money  of  such 
city  or  district  until  it  meets  the  requirements  of  the  law. 

[Article  26-b] 

Humane  Treatment  and  Protection  of  Animals  and  Birds. — 
I.  Boards  of  education  in  cities,  union  free-school  districts  and 
towns  are  required  to  include  in  their  courses  of  study  provision 
for  instruction  in  the  humane  treatment  and  protection  of  animals 
and  birds  and  the  important  part  they  play  in  the  economy  of 
nature. 

2.  The  Board  of  Regents  is  required  to  prescribe  the  period  of 
time  which  shall  be  devoted  to  instruction  in  such  subject  each 
year.  Instruction  in  such  subject  may  be  correlated  with  instruc- 
tion in  literature,  reading,  language,  nature  study  or  ethnology. 

3.  If  the  instruction  required  under  this  law  is  not  given  the 
public  money  of  the  district,  city  or  town  may  be  withheld. 


COURSES    OF    STUDY,    ETC.  1 65 

[Article  26c] 

Courses  of  Instruction  in  Patriotism  and  Citizenship. —  In  or- 
der to  promote  a  spirit  of  patriotic  and  civic  service  and  obliga- 
tion and  to  foster  in  the  children  of  the  State  moral  and  intellect- 
ual qualities  which  are  essential  in  jireparing  to  meet  the  obliga- 
tions of  citizenship  in  peace  or  in  war,  the  Regents  of  the  Uni- 
versity of  the  State  of  New  York  shall  prescribe  courses  of  in- 
struction in  patriotism  and  citizenship,  to  be  maintained  and  fol- 
lowed in  all  the  schools  of  the  State.  The  boards  of  education 
and  trustees  of  the  several  cities  and  school  districts  of  the  State 
shall  require  instruction  to  be  given  in  such  courses,  by  the  teach- 
ers employed  in  the  schools  therein.  All  pupils  attending  such 
schools,  over  the  age  of  eight  years,  shall  attend  upon  sucli 
instruction. 

Similar  courses  of  instruction  shall  be  prescribed  and  main- 
tained in  private  schools  in  the  State,  and  all  pupils  in  such 
schools  over  eight  years  of  age  shall  attend  upon  such  courses. 
If  such  courses  are  not  so  established  and  maintained  in  a  private 
school,  attendance  upon  instruction  in  such  school  shall  not  be 
deemed  substantially  equivalent  to  instruction  given  to  pupils 
of  like  age  in  the  pul)lic  schools  of  the  city  or  district  in  which 
such  pupils  reside. 

This  article  also  provides  that  the  Regents  of  the  University 
of  the  State  of  New  York  shall  determine  the  subjects  to  be 
included  in  such  courses  of  instruction  in  patriotism  and  citizen- 
ship, and  the  period  of  instruction  in  each  of  the  grades  in  such 
subjects.  They  shall  adopt  rules  providing  for  attendance  upon 
such  instructicm  and  for  such  other  matters  as  are  required  for 
carrying  into  efTect  the  objects  and  purposes  of  this  article.  The 
Commissioner  of  Education  shall  1)e  responsible  for  the  enforce- 
ment of  this  article  and  shall  cause  to  be  inspected  and  sui)ervise 
the  instruction  to  be  given  in  such  subjects.  The  Commissioner 
may,  in  his  discretion,  cause  all  or  a  portion  of  the  public  school 
money  to  be  apportioned  to  a  district  or  city  to  be  withheld  for 
failure  of  the  school  authorities  of  such  district  or  city  to  ])rovide 
instruction  in  such  courses  and  to  compel  attendance  upon  such 
instruction,  as  herein  prescribed,  and  for  a  noncompliance  with 
the  rules  of  the  regents  adopted  as  herein  provided.  (L.  1918, 
ch.  241.) 


l66  NEW    YORK    SCHOOL    LAW 

The  requirements  relative  to  physical  training  are  treated  in 
a  later  chapter. 

Religious  Exercises  in  Schools. —  Religious  exercises  of  any 
character  cannot  lawfully  be  conducted  in  any  public  school.  N(3 
pupil  can  lawfully  be  compelled  to  remain  in  school  during  a 
religious  exercise,  nor  can  a  pupil  be  compelled  to  take  part  in 
any  religious  exercise.  No  part  of  the  time  prescribed  for  a  public 
school  to  be  in  session  can  lawfully  be  devoted  to  religious  exer- 
cises of  any  kind,  Reading  the  Bible  or  repeating  a  prayer  is  a 
religious  exercise.  These  statements  are  based  upon  the  uniform 
rulings  and  decisions  of  the  State  Superintendents  of  New  York 
State,  and  the  Commissioner  of  Education. 

In  many  cases  all  the  patrons  of  a  school  are  willing  that  re~ 
ligious  exercises  should  be  held.  In  any  such  case,  it  has  been 
the  policy  of  the  Education  Department  not  to  interfere  in  any 
way  with  the  holding  of  such  exercises. 

Where  a  portion  of  the  patrons  of  a  school  desire  the  o^bserv- 
ance  of  religious  exercises  and  pupils  assemble  in  the  schoolroom 
previous  to  the  regular  hour  for  opening  school,  and  no  objection 
is  made  by  any  taxable  inhabitant  of  the  district,  such  exercises 
may  be  conducted,  provided  all  pupils  are  permitted  to  act  their 
pleasure  in  regard  to  attendance  thereon,  and,  provided  the  exer- 
cises are  not  continued  beyond  the  hour  at  which  the  school 
should  regularly  convene.  Whenever  any  dissensions  would 
arise  from  conducting  religious  exercises  on  this  plan,  such  exer- 
cises should  not  be  held. 

REVIEW   QUESTIONS 

Who  have  the  authority  to  adopt  courses  of  study  for  common-school 
districts?  For  union  free-school  districts?  Does  the  law  provide  what 
subjects  shall  be  taught  in  common  schools?  What  subjects  must  be 
taught?  What  subjects  does  the  compulsory  education  act  provide  shall  be 
taught  to  children  who  are  required  to  attend  upon  instruction?  What 
subjects,  then,  must  be  included  in  courses  of  study?  In  what  schools  must 
such  subjects  be  taught?  May  other  subjects  be  included?  What  is  the 
remedy  if  trustees  include  subjects  unreasonable,  impracticable,  etc.?  What 
authority  have  teachers  in  arranging  courses  of  study?  What  authority  have 
parents?  Can  parents  direct  what  subjects  their  children  shall  pursue  in  a 
public  school? 

In  what  schools  must  the  subject  of  physiology  and  hygiene  be  taught? 
What  is  the  provision  of  law  relative  to  teaching  about  alcoholic  drinks? 
What  pupils  must  study  the  sul)ject  in  graded  schools?     In  ungraded  schools? 


KKVIEW    QUESTIONS  167 

What  about  kindergarten  pupils?  What  pupils  must  use  text-books?  What 
pupils  must  receive  oral  instruction?  What  period  of  instruction  from  text- 
books must  each  pupil  receive?  What  is  the  official  ruling  on  this  question? 
What  is  the  ruling  relative  to  oral  expression?  How  must  text-books  be 
graded?  What  portion  of  text-books  for  pupils  below  the  high  school  grade 
must  be  given  to  this  subject?  For  pupils  above  the  high  school  grade? 
How  must  matters  relating  to  this  subject  be  distributed  in  text-books? 
What  is  the  law  relating  to  pages  on  this  subject  which  are  put  at  the  end 
of  a  book?    What  are  the  requirements  in  relation  to  Regents'  examinations? 


CHAPTER  XVIII 

INDUSTRIAL   EDUCATION 

[Article  22] 

(As  Amended  by  Laws  of  1919,  Chapter  531) 

Vocational  Schools  in  Cities. —  Under  the  Industrial  Educa- 
tion Law  the  board  of  education  of  any  city  may  estabhsh,  acquire, 
conduct  and  maintain  as  a  part  of  the  pubhc  school  system  of  such 
city  the  following: 

1.  General  industrial  schools  in  communities  of  less  than  twenty- 
five  thousand  inhabitants  open  to  pupils  who  have  completed  the 
elementary  school  course  or  who  have  attained  the  age  of  fourteen 
years ;  and 

2.  Unit  trade  and  technical  schools  open  to  pupils  who  have 
attained  the  age  of  fourteen  years  or  who  have  completed  the 
elementary  school  course  or  w'ho  have  met  such  other  requirements 
as  the  Commissioner  of  Education  may  have  prescribed ;  and 

3.  Schools  of  agriculture,  mechanic  arts  and  homemaking,  open 
to  pupils  who  have  completed  the  elementary  school  course  or  who 
have  attained  the  age  of  fourteen,  or  who  have  met  such  other 
requirements  as  the  local  school  authorities  may  have  prescribed ; 
and 

4.  Practical  arts  or  homemaking  schools  open  to  pupils  who  have 
completed  the  elementary  school  course,  or  who  have  attained  the 
age  of  fourteen  years,  or  who  have  met  such  other  requirements  as 
the  Commissioner  of  Education  may  have  prescribed.  Special 
requirements  may  be  prescribed  for  courses  conducted  in  com- 
munities of  less  than  twenty-five  thousand  inhabitants. 

5.  Evening  vocational  schools  in  which  instruction  shall  be  given 
in  the  trades  and  in  industrial,  agricultural  and  homemaking  sub- 
jects, and  which  shall  be  open  to  pupils  over  sixteen  years  of  age, 
who  are  regularly  and  lawfully  employed  during  the  day  and  which 
provide  instruction  in  subjects  related  to  the  practical  work  carried 
on  in  such  employment ;  but  such  evening  vocational  schools  pro- 
viding instruction  in  homemaking  shall  be  open  to  all  women  over 
sixteen  years  of  age  who  are  employed  in  any  capacity  during  the 
day. 

Part-Time  or  Continuation  Schools. —  The  board  of  education 
of  each  city  and  of  each  school  district  in  which  there  are  twenty  or 
more  minors  above  the  age  of  fourteen  years  and  below  the  age  of 
eighteen  years,  who  are  not  in  regular  attendance  upon  instruc- 
tion, shall  establish  and  maintain  part-time  or  continuation  schools 
or  classes  in  which  such  minors  shall  receive  instruction.  Such 
schools  or  classes  may  be  established  in  public  school  buildings, 

168 


INDUSTRIAL  EDUCATION  IO9 

in  Other  buildings  especially  adapted  for  their  operation,  in  manu- 
facturing or  mercantile  establishments  and  in  factories.  Such 
schools  or  classes,  wherever  they  are  established  or  maintained,  shall 
be  under  the  control  and  management  of  the  board  of  education 
and  shall  be  a  part  of  the  public  school  system  of  the  city  or  district 
which  maintains  them.  Courses  of  study  in  private  or  parochial 
part-time  or  continuation  schools  or  classes  which  meet  the  require- 
ments of  the  statutes  and  the  regulations  prescribed  thereunder 
may  be  approved  by  the  Commissioner  of  Education  and,  when  thus 
approved,  attendance  thereon  shall  be  accepted  for  that  required 
under  this  article. 

Such  part-time  or  continuation  schools  or  classes  shall  be  main- 
tained each  year  during  the  full  period  of  time  which  the  public 
schools  of  a  city  or  district  are  in  session.  The  sessions  of  such 
part-time  or  continuation  schools  or  classes  shall  be  on  the  regular 
school  days  and  for  as  many  hours  between  the  hours  of  eight 
o'clock  forenoon  and  five  o'clock  afternoon  as  shall  be  necessary  to 
provide  the  required  instruction  for  such  minors  who  reside  in  said 
city  or  district. 

The  courses  of  study  in  such  part-time  or  continuation  schools 
or  classes  shall  be  approved  by  the  Commissioner  of  Education  and 
shall  include  among  other  spbjects  instruction  in  American  history, 
the  rights  and  obligations  of  citizenship,  industrial  history, 
economics,  the  essential  features  of  the  laws  relating  to  the  indus- 
tries taught,  and  shall  also  include  such  other  subjects  as  will  enlarge 
the  vocational  intelligence  of  such  minors. 

The  board  of  education  of  each  city  and  of  each  such  school  dis- 
trict shall  make  necessary  arrangements  to  begin  to  operate  and 
maintain  such  part-time  or  continuation  schools  or  classes,  on  the 
opening  of  the  public  schools  in  September,  nineteen  hundred  and 
twenty,  and  shall  annually  thereafter  in  September  open  and  main- 
tain additional  schools  and  classes  so  that  by  the  opening  of  the 
public  schools  in  September,  nineteen  hundred  and  twenty-five  a 
sufficient  number  of  such  schools  shall  have  been  estabhshed  as  to 
afford  the  required  instruction  under  this  article  to  those  minors 
who  are  required  to  attend  such  schools  or  classes. 

Each  minor  under  the  age  of  eighteen  years,  who  is  not  in  regular 
attendance  upon  a  public,  private  or  parochial  school  or  who  is 
regularly  and  lawfully  employed  in  some  occupation  or  service, 
unless  such  minor  has  completed  a  four-year  secondary  course  of 
mstruction  approved  by  the  Regents  of  the  university,  shall  attend 
a  part-time  or  continuation  school  or  class  in  the  city  or  district  in 
which  such  minor  resides  or  may  be  employed.  Such  attendance 
shall  be  for  not  less  than  four  hours  per  week  and  not  more  than 
eight  hours  per  week  for  each  week  which  such  school  or  class  is  in 
session  except  that  the  school  authorities  may,  subject  to  the 
approval  of  the  Commissioner  of  Education,  permit  any  such  minor 


I/O  NEW   YORK    SCHOOL   LAW 

to  increase  the  number  of  hours  per  week  of  required  attendance 
and  decrease  the  number  of  weeks  of  required  attendance.  Such 
minor  who  is  temporarily  out  of  regular  employment  or  service  sliall 
attend  such  school  not  less  than  twenty  hours  per  week.  The 
attendance  upon  a  part-time  or  continuation  school  or  class  shall  be 
between  the  hours  of  eight  o'clock  in  the  forenoon  and  five  o'clock 
in  the  afternoon. 

The  Commissioner  of  Education  shall  make  a  survey  of  each  city 
or  district  to  ascertain  the  industrial,  commercial,  economic  and 
social  needs  of  such  city  or  district  and  the  benefits  and  opportuni- 
ties to  be  afiforded  through  the  establishment  of  such  part-time  or 
continuation  schools  or  classes  to  the  community  and  to  those  who 
are  required  to  attend  such  schools  or  classes.  The  industrial  com- 
mission and  the  Commissioner  of  Agriculture  shall  co-operate  with 
the  Commissioner  of  Education  in  making  such  survey. 

The  Regents  of  the  university  shall  establish  regulations  to  govern 
and  regulate  the  administration  of  such  part-time  or  continuation 
schools  or  classes  and  the  attendance  of  minors  thereon.  To  meet 
local  necessities  the  board  of  education  of  each  city  or  school  dis- 
trict may  establish  regulations  but  such  regulations  shall  not  con- 
flict with  the  regulations  adopted  by  the  Regents. 

The  parent,  guardian  or  other  person  having  the  custody 
or  control  of  a  minor  who  is  required  under  the  provisions 
of  this  article  to  attend  a  part-time  or  continuation  school  or 
class  shall  cause  such  minor  to  attend  such  school  or  class. 
A  parent,  guardian  or  other  person  who  refuses  or  fails  to 
comply  with  this  provision  of  the  law  shall  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction  shall  be  subject  to  a 
fine  of  not  more  than  one  hundred  dollars  or  by  imprison- 
ment for  not  more  than  ten  days,  or  both  such  fine  and 
imprisonment  at  the  discretion  of  the  court.  Any  minor 
under  seventeen  years  of  age  who  fails  to  attend  upon  in- 
struction as  defined  by  this  article  shall  be  subject  to  the  pro- 
visions of  section  six  hundred  and  thirty-five  of  the  Education 
Law. 

Any  person,  firm  or  corporation  employing  a  minor  between 
the  ages  of  fourteen  years  and  eighteen  years  shall  permit 
the  attendance  of  such  minor  upon  a  part-time  school  or  class 
whenever  such  part-time  school  or  class  shall  have  been  estab- 
lished in  the  city  or  district  where  the  minor  resides  or  may 
be  employed,  and  upon  the  termination  of  employment  of  any 
such  minor  the  employer  shall  return  within  three  days  the 
employment  certificate  of  such  minor  by  mail  to  the  school 
authorities,  and  a  person,  firm  or  corporation  employing  a  minor 
over  fourteen  years  of  age  and  less  than  eighteen  years  of 
age  contrary  to  the  provisions  of  this  article  shall  be  subject 
to  a  fine  of  not  less  than  twenty-five  dollars  and  not  more  than 


INDUSTRIAL  EDUCATION  I7I 

one  hundrea  dollars  for  each  offense  or  by  imprisonment  in  the 
city  or  county  jail  for  not  less  than  five  days  and  not  more  than  ten 
days,  or  by  such  fine  and  imprisonment  at  the  discretion  of  the 
court.  A  person,  firm  or  corporation,  which  has  in  its  employ  a 
minor  who  fails  to  attend  a  part-time  or  continuation  school  or  class 
as  required  herein,  shall  immediately  discontinue  the  services  of 
such  minor  upon  receiving  from  the  school  authorities  written  notice 
of  the  failure  of  such  minor  to  attend  such  part-time  or  continuation 
school  or  class,  and  a  person,  firm  or  corporation  violating  this  pro- 
vision of  law  shall  be  subject  to  a  fine  or  fifty  dollars  for  each 
offense. 

The  board  of  education  of  each  city  or  district  having  a  popu- 
lation of  five  thousand  or  more  inhabitants  is  hereby  required  to 
enforce  the  provisions  of  this  law  and  the  Commissioner  of  Edu- 
cation is  hereby  charged  with  the  duty  and  vested  with  necessary 
authority  to  supervise  the  enforcement  and  administration  of  this 
act. 

If  the  authorities  of  such  a  city  or  school  district  fail  or  refuse 
to  provide  the  necessary  funds  for  the  establishment  and  main- 
tenance of  such  part-time  or  continuation  schools  or  classes  as  are 
required  under  this  law,  the  city  or  district  shall  forfeit  from  the 
funds  due  such  city  or  district  from  the  State  for  school  purposes 
an  amount  equal  to  that  which  is  estimated  by  the  board  of  educa- 
tion as  necessary  to  properly  operate  and  maintain  such  schools 
or  classes.  The  public  or  State  funds  thus  forfeited  by  such  city 
or  district  shall  be  apportioned  by  the  Commissioner  of  Education 
to  the  board  of  education  of  such  city  or  district  for  the  purpose 
of  maintaining  such  part-time  or  continuation  schools  or  classes 
and  the  board  of  education  of  the  city  or  district  receiving  such 
funds  shall  apply  the  same  toward  the  maintenance  of  such  schools 
or  classes  and  in  payment  of  the  expenses  incurred  thereby. 

Industrial,  Agricultural  and  Homemaking  Schools. —  The 
board  of  education  of  any  union  free  school  district  shall  also  estab- 
lish, acquire  and  maintain  general  industrial  schools,  unit  trade 
and  technical  schools,  schools  of  agriculture,  mechanic  arts  and 
homemaking,  and  practical  arts  or  homemaking  schools  and  evening 
vocational  schools  for  like  purposes  whenever  such  schools  shall 
be  authorized  by  a  district  meeting.  The  trustees  or  board  of 
trustees  of  a  common  school  district  may  establish  a  school  or  a 
course  in  agriculture,  mechanic  arts  and  homemaking,  when  author- 
ized by  a  district  meeting.  The  board  of  education  of  a  city,  town 
or  union  free  school  district,  not  maintaining  a  school  of  agriculture, 
mechanic  arts  and  homemaking,  may  employ  a  director  of  agri- 
culture. The  boards  of  education  or  trustees  of  two  or  more  dis- 
tricts or  towns  may  by  joint  contract  employ  such  a  director  and 
determine  in  such  contract  as  to  the  portion  of  the  compensation 
which  is  to  be  paid  by  each  district.  The  qualifications  of  a  person 
employed  as  such  director  shall  be  prescribed  by  the  Commissioner 


1/2  NEW  YORK   SCHOOL   LAW 

of  Education,  as  provided  by  law  in  respect  to  teachers  employed  in 
public  schools  of  the  State. 

Advisor}^  Boards. —  The  board  of  education  shall  appoint  an 
advisory  board  of  live  members  representing  the  local  trades, 
industries,  and  occupations.  In  the  first  instance  two  of  such  mem- 
bers shall  be  appointed  for  a  term  of  one  year  and  three  of  such 
members  shall  be  appointed  for  a  term  of  two  years.  Thereafter 
as  the  terms  of  such  members  shall  expire  the  vacancies  caused 
thereby  shall  be  filled  for  a  full  term  of  two  years.  Any  other 
vacancy  occurring  on  such  board  shall  be  filled  by  the  appointing 
power  named  in  this  section  for  the  remainder  of  the  unexpired 
term. 

It  is  made  the  duty  of  such  advisory  board  to  counsel  with  and 
advise  the  board  of  education  in  relation  to  the  powers  and  duties 
vested  in  such  board  under  this  law. 

Authority  of  the  Board  of  Education. —  The  board  of  educa- 
tion in  a  city  or  in  a  union  free  school  district  in  which  city  or  dis- 
trict a  general  industrial  school,  unrt  trade  or  technical  school,  a 
school  of  agriculture,  mechanic  arts  and  homemaking,  or  practical 
arts  or  homemaking  school,  or  a  part-time  or  continuation  school,  or 
an  evening  vocational  school  is  established  as  provided  in  this  article, 
is  vested  with  the  same  power  and  authority  over  the  management, 
supervision  and  control  of  such  school  and  the  teachers  or  instructors 
employed  therein  as  such  board  now  has  over  the  schools  and 
teachers  under  their  charge.  Such  boards  of  education  shall  also 
have  full  power  and  authority : 

1.  To  employ  competent  teachers  or  instructors. 

2.  To  provide  proper  courses  of  study. 

3.  To  puchase  or  acquire  sites  and  grounds  and  to  purchase, 
acquire,  lease  or  construct  and  to  repair  suitable  shops  or  buildings 
and  to  properly  equip  the  same. 

4.  To  purchase  necessary  machinery,  tools,  apparatus  and  sup- 
plies. 

State  Aid. —  The  Commissioner  of  Education  in  the  annual 
apportionment  of  the  State  school  moneys  shall  apportion  therefrom 
to  each  city  and  school  district  for  each  general  industrial  school, 
unit  trade  and  technical  school,  part-time  or  continuation  school, 
practical  arts  or  homemaking  school  or  evening  vocational  school, 
maintained  therein  for  thirty-six  weeks  during  the  school  year  and 
employing  one  teacher  whose  work  is  devoted  exclusively  to  such 
school,  and  having  an  enrolment  of  such  number  of  pupils  as  may 
be  required  by  the  Commissioner  of  Education  and  maintaining 
an  organization  and  a  course  of  study,  and  conducted  in  a  manner 
approved  by  him,  a  sum  equal  to  two-thirds  of  the  salary  paid  to 
such  teacher,  but  not  exceeding  one  thousand  dollars. 

He  shall  also  apportion  in  like  manner  to  each  city,  union  free 
school  district  or  common  school  district  for  each  school  of  agri- 
culture,  mechanic   arts   and   homemaking,    maintained    therein    for 


INDUSTRIAL  EDUCATION  I73 

thirty-six  weeks  during  the  school  year,  and  employing  one  teacher 
whose  work  is  devoted  exclusively  to  such  school,  and  such  number 
of  pupils  as  may  be  required  by  the  Commissioner  of  Education 
having  an  enrolment  and  maintaining  an  organization  and  course 
of  study  and  conducted  in  a  manner  approved  by  him,  a  sum  equal 
to  two-thirds  of  the  salary  paid  to  such  teacher.  Such  teacher  may 
be  employed  for  the  entire  year,  and  during  the  time  that  the  said 
school  is  not  open  shall  be  engaged  in  performing  such  educational 
services  as  may  be  required  by  the  board  of  education  or  trustees, 
under  regulations  adopted  by  the  Commissioner  of  Education. 
Where  a  contract  is  made  with  a  teacher  for  the  entire  year  and 
such  teacher  is  employed  for  such  period,  as  herein  provided,  the 
Commissioner  of  Education  shall  make  an  additional  apportion- 
ment to  such  city  or  district  of  the  sum  of  two  hundred  dollars. 
But  the  total  amount  apportioned  in  each  year  on  account  of  such 
teacher  shall  not  exceed  one  thousand  dollars. 

The  Commissioner  of  Education  shall  also  vnake  an  additional 
apportionment  to  each  city  and  union  free  school  district  for  each 
additional  teacher  employed  in  the  schools  mentioned  in  the  pre- 
ceding subdivisions  of  this  section  for  thirty-six  weeks  during  the 
school  year,  a  sum  equal  to  one-half  of  the  salary  paid  to  each  such 
additional  teacher,  but  not  exceeding  one  thousand  dollars  for  each 
teacher. 

The  Commissioner  of  Education  shall  also  apportion  in  like  man- 
ner to  each  city,  town  and  school  district  employing,  or  joining 
in  the  employment  of,  a  director  of  agriculture,  as  authorized  by 
section  six  hundred  and  two  of  this  chapter,  and  establishing,  main- 
taining and  conducting  an  organization  and  course  of  instruction 
in  such  subject,  approved  by  the  Commissioner  of  Education,  a 
sum  equal  to  one-half  of  the  salary  paid  to  such  director  by  such 
city,  town  or  district,  or  by  two  or  more  of  sucli  towns  or  districts, 
not  exceeding  in  each  year  the  sum  of  six  hundred  dollars,  for  each 
director  employed.  Where  the  apportionment  is  made  on  account  of 
a  director  employed  by  two  or  more  towns  or  districts,  it  shall  be 
apportioned  to  such  towns  or  districts  in  accordance  with  the  pro- 
portionate amount  paid  by  each  of  such  towns  or  districts  under 
the  contract  made  with  such  director. 

The  Commissioner  of  Education,  in  his  discretion,  may  appor- 
tion to  a  district  or  city  maintaining  such  schools  or  employing 
such  teachers  for  a  shorter  time  than  thirty-six  weeks,  or  for  a 
less  time  than  a  regular  school  day,  an  amount  pro  rata  to  the  time 
such  schools  are  maintained  or  such  teachers  are  employed.  This 
section  shall  not  be  construed  to  entitle  manual  training  high  schools 
or  other  secondary  schools  maintaining  manual  training  depart- 
ments, to  an  apportionment  of  funds  herein  provided  for. 

Any  person  employed  as  teacher  may  serve  as  principal  of  the 
school  in  which  the  said  industrial  or  trade  school  or  course,  or 
school  or  course  of  agriculture,  mechanic  arts  and  homemaking.  i? 
maintained. 


1/4  ^'EW    YORK    SCHOOL    LAW  .       / 

All  moneys  apportioned  by  the  Commissioner  of  Education  for 
schools  under  this  article  sliall  be  used  exclusively  for  the  payment 
of  the  salaries  of  teachers  employed  in  such  schools  in  the  city  or 
district  to  which  such  moneys  are  apportioned. 

Annual  Estimate  and  Appropriations. —  The  board  of  educa- 
tion of  each  city  and  the  board  of  education  or  trustees  of  each 
school  district  which  maintains  a  general  industrial  school,  unit 
trade  or  technical  school,  school  of  agriculture,  mechanic  arts  and 
homemaking,  part-time  or  continuation  schools,  practical  arts  or 
homemaking  schools  or  evening  vocational  schools,  shall  include  in 
its  estimate  of  expenses  pursuant  to  the  provisions  of  this  chapter 
the  amount  that  will  be  recjuired  to  maintain  such  schools  after 
applying  toward  the  maintenance  thereof  the  amoitnt  apportioned 
therefor  by  the  Commissioner  of  Education.  Sitch  amount  shall 
thereafter  be  levied,  assessed  and  raised  by  tax  upon  the  taxable 
property  of  the  city  or  district  at  the  time  and  in  the  manner  that 
other  taxes  for  school  purposes  are  raised  in  such  city  or  district. 

Courses  in  Schools  of  Agriculture  for  Training  of  Teachers. — 
The  State  schools  or  agriculture  at  Saint  Lawrence  University,  at 
Alfred  University  and  at  Morrisville  may  give  courses  for  the 
training  of  teachers  in  agriculture,  mechanic  arts,  domestic  science 
or  homemaking,  approved  by  the  Commissioner  of  Education.  Such 
schools  shall  be  entitled  to  an  apportionment  of  money  as  provided 
in  section  six  hundred  and  five  of  this  chapter  for  schools  estab- 
lished in  union  free  school  districts.  Graduates  from  such  approved 
courses  may  receive  licenses  to  teach  agriculture,  mechanic  arts  and 
homemaking  in  the  public  schools  of  the  State,  subject  to  such  rules 
and  regulations  as  the  Commissioner  of  Education  may  prescribe. 

Smith-Hughes  Vocational  Law. —  This  is  a  law  enacted  by 
Congress  and  provides  for  federal  grants  for  vocational  education 
in  the  several  States  of  the  Union.  One  of  the  main  purposes  of 
this  act  is  to  bring  cooperation  between  the  States  of  the  Union 
and  the  nation  in  the  promotion  of  vocational  education.  It  is 
proposed  that  under  this  law  the  national  government  shall  ap- 
propriate for  the  year  1917-1918  $1,700,000,  to  be  apportioned 
among  the  several  States  of  the  Union.  On  the  basis  on  which 
it  is  proposed  to  make  these  appropriations  the  amount  appro- 
priated for  .the  year  1925-26  by  the  United  States  would  be 
$7,200,000.  These  appropriations  are  made  for  four  specific  pur- 
poses, as  follows : 


INDUSTRIAL    EDUCATION  I74a 

1.  Toward  the  salaries  for  teachers  of  agriculture. 

2.  Toward  the  salaries  for  teachers  of  trade  and  industrial 
schools. 

3.  Toward  the  training  of  teachers  for  vocational  work. 

4.  An  annual  appropriation  of  $200,000  each  year  for  the  fed- 
eral board  which  is  charged  with  the  administration  of  this  \york. 

The  maximum  appropriations  are  to  be  reached  in  1925-26,  and 
thereafter  the  appropriations  will  annually  be  the  amount  fixed 
for  these  years.     These  amounts  are  as  follows : 

For  che  purpose  specified  in  paragraph  i  - —  $3,000,000 

"       "  ''  "  "  "  2  — $3,000,000 

"       "  "  "  "•  "  3  — $1,000,000 

"       "  "  "  "  "  4  —  $    200,000 

In  order  that  a  State  may  participate  in  this  appropriation  of 

federal  funds  the  Legislature  of  the  State  is  required  to 

1.  Accept  by  legislative  act  the  provisions  of  the  federal  bill. 

2.  Accept  by  legislative  act  the  benefits  of  all  the  funds,  or  of 
such  fund  as  the  State  desires  to  use. 

3.  Establish  a  State  board  of  control. 

4.  Designate  the  State  Treasurer  as  custodian  of  the  fund. 
The  Legislature  of  the  State  of  New  York  in  1917  enacted  a 

law  designating  the  State  Board  of  Regents  as  the  State  board  of 
control  to  cooperate  with  the  federal  board  of  control,  and  the 
Legislature  also  formally  declared  in  this  same  law  its  desire  to 
accept  the  benefit  of  all  the  funds  and  purposes  for  which  appro- 
priations are  made.  The  State  Treasurer,  as  required  under  the 
federal  act,  was  designated  as  the  custodian  of  the  fund. 

The  federal  board  has  been  organized  and  has  assumed  the 
administration  of  this  important  function  of  public  education. 

The  work  which  a  State  is  doing  either  in  the  training  of  teach- 
ers or  in  the  courses  of  instruction  which  are  being  given  in 
trade  and  industrial  schools,  agricultural  schools,  and  in  training 
teachers  for  vocational  work,  must  be  approved  l^y  the  national 
board.  The  advanced  work  which  the  State  of  New  York  is  now 
doing  in  all  these  lines  should  be  sufficient  guarantee  that  the 
courses  given  in  the  several  cities  in  New  York  will  he  approved 
and  ihc  State  receive  a  large  benefit  from  this  fund. 


I74t)  ^'EW    YORK    SCHOOL    LAW 

REVIEW   QUESTIONS 

What  vocational  schools  may  a  city  board  of  education  establish?  When 
must  a  board  of  education  establish  a  part-time  or  continuation  school? 
What  pupils  are  required  to  attend  such  school?  Where  may  part-time 
or  continuation  schools  or  classes  be  established?  How  long  must  such 
schools  or  classes  be  in  session?  Who  approves  the  courses  of  study? 
What  subjects  must  be  included  in  the  course  of  study?  When  must  a 
board  of  education  arrange  to  begin  to  operate  and  maintain  a  part-time 
or  continuation  school?  State  the  required  number  of  hours  of  attendance 
per  week.  What  is  the  duty  of  the  Regents  respecting  the  establishment  of 
regulations  to  govern  such  schools  and  the  attendance  of  minors?  What 
is  the  penalty  for  the  failure  of  a  parent  or  guardian  to  require  regular 
attendance?  State  the  duty  of  an  employer  with  respect  to  permitting 
attendance  in  such  schools  or  classes;  the  penalty  for  failure  to  perform 
such  duty.  What  penalt\-  may  be  imposed  upon  a  city  or  district  for  failing 
or  refusing  to  provide  necessar}^  funds?  When  may  the  board  of  education 
of  a  union  free  school  district  establish  industrial  schools  and  schools  of 
agriculture,  mechanic  arts  and  homemaking?  What  authorities  have  power 
to  employ  a  director  of  agriculture?  State  the  provisions  of  the  law  affecting 
the  appointment  of  an  advisory  board.  Define  the  authority  of  the  board  of 
education  over  such  schools.     Give  the  provisions  for  State  aid. 

What  is  the  federal  vocational  law?  What  is  its  purpose?  What  amount 
was  appropriated  by  Congress  in  1917?  What  amount  does  the  bill  call  for 
in  1725-26?  Xame  four  specific  purposes  for  which  this  money  was  appro- 
priated. Name  the  maximum  amount  to  be  appropriated  for  each  of  these 
purposes.  Xame  the  four  conditions  wdiich  a  State  must  satisfy  to  be 
entitled  to  share  in  such  funds.  What  action  did  the  Legislature  of  Newr 
York  take  in  1917? 


CHAPTER  XIX 

*TEXT-BOOKS,      ARBOR    DAY,    FLAG    LAW,    SAVINGS    BANKS 
[Articles  25,  27,  29] 

Adoption  of  Text-Books. —  In  union  free-school  districts  and 
cities,  boards  of  education  or  bodies  performing  the  duties  of 
boards  of  education,  constitute  the  proper  authority  to  determine 
and  adopt  the  text-books  that  shall  be  used  in  the  schools  under 
their  jurisdiction. 

In  common-school  districts,  text-books  for  use  in  such  schools 
must  be  designated  by  the  legal  voters  of  each  of  such  districts 
at  an  annual  meeting.  The  votes  of  two-thirds  of  all  the  legal 
voters  present  and  voting  at  such  meeting  are  necessary  to  adopt 
any  text-book.  As  the  law  provides  that  the  adoption  of  text- 
books in  a  common-school  district  shall  be  at  an  annual  meeting, 
such  action  cannot  be  taken  at  a  special  meeting. 

Change  of  Text-Books. —  After  a  text-book  shall  have  been 
regularly  adopted  for  the  schools  of  a  union  free-school  district 
or  city  by  the  board  of  education  of  such  district  or  city,  or  by 
any  other  body  performing  the  duty  of  such  board,  it  is  unlawful 
for  such  board  to  supersede  the  books  thus  adopted  by  any  other 
book  within  a  period  of  five  years  from  the  date  on  which  such 
books  were  adopted,  except  by  a  three-fourths  vote  of  the  mem- 
bers of  such  board. 

In  a  common-school  district,  after  a  text-book  has  been  regu- 
larly adopted  it  cannot  lawfully  be  superseded  within  a  period  of 
five  years,  except  upon  a  three-fourths  vote  of  the  legal  voters  of 
such  district  present  and  voting  at  an  annual  meeting. 

After  a  text-book  regularly  adopted  has  been  in  use  in  a  union 
free-school  district  or  city  for  fwe.  or  more  years,  such  book  may 
be  superseded  by  another  book,  by -a  majority  vote  of  the  mem- 
bers of  the  board  of  education  having  jurisdiction.    In  a  common- 


*  See   Chapter  653,   Laws   of    1913.   as  to  special   act   authorizing  uniform 
text-books  for  St.  Lawrence  county. 


176  NEW    YORK    SCHOOL   LAW 

school  district,  after  a  text-book,  regularly  adopted,  has  been  in 
use  for  five  or  more  years,  it  may  be  superseded  by  another  book, 
by  a  two-thirds  vote  of  the  legal  voters  of  such  district  present 
and  voting  at  any  annual  meeting. 

Penalty  for  Violations. —  Any  person  or  persons  guilty  of  a 
violation  of  the  provisions  stated  in  either  of  the  foregoing  para- 
graphs, is  liable  to  a  fine  of  not  less  than  $50  nor  more  than  $100 
for  each  offense. 

Fine,  How  Collected. —  .-iLny  taxpayer  may  sue  any  person 
guilty  of  a  violation  of  these  provisions  before  a  justice  of  the 
peace.  Such  fine,  when  collected,  should  be  paid  to  the  collector 
or  treasurer  of  the  district  in  which  such  violation  occurred,  and 
used  for  the  benefit  of  the  schools  of  such  district. 

Supplying  Pupils  with  Text-Books. —  A  meeting  of  a  union 
free-school  district  may  vote  an  appropriation  for  supplying  indi- 
gent pupils  with  text-books.  When  such  action  is  taken  by  a 
district  meeting,  it  is  the  duty  of  the  board  of  education  to  pro- 
vide books  for  such  pupils. 

Free  Text-Books. —  A  majority  of  the  legal  voters  of  a  union 
free-school  district  may  decide  to  supply  the  pupils  of  such  dis- 
trict with  free  text-books.  This  question  may  be  voted  upon 
at  a  special  meeting  regularly  called,  or  at  an  annual  meeting 
when  notice  has  been  duly  given  that  such  vote  will  be  taken. 
The  vote  must  be  by  the  ayes  and  noes  and  must  be  duly  re- 
corded. When  the  voters  of  a  district  have  decided  to  furnish 
pupils  free  text-books,  the  board  of  education  of  such  district 
must  supply  all  pupils  within  ninety  days  with  free  text-books. 
The  board  of  education  has  authority  to  prescribe  regulations 
for  the  care,  use,  and  distribution  of  books. 

Rental  or  Sale  of  Text-Books.—  Under  the  provisions  of  chap- 
ter 379  of  the  Laws  of  1918,  in  the  several  cities  and  union  free- 
school  districts  of  the  State,  boards  of  education  or  other  school 
authorities  may  purchase  text-books  and  supplies  and  either  rent 
or  sell  the  same  to  the  pupils  attending  the  public  schools  in  such 
cities  and  union  free-school  districts  upon  such  terms  and  under 
such  rules  and  regulations  as  may  be  prescribed  by  such  boards 
of  education  or  other  school  authorities. 

Text-Books  Containing  Seditious  or  Disloyal  Matter. —  "  No 
text-book  in  any  subject  used  in  the  public  schools  of  the  State 


TEXT-BOOKS.    ARBOR   DAY,    ETC.  1 77 

shall  contain  any  matter  or  statements  of  any  kind  which  are 
seditious  in  character,  disloyal  to  the  United  States  or  favoral)]e 
to  the  cause  of  any  foreign  cotmtry  with  which  the  United  States 
is  now  at  w^ar.  A  commission  is  hereby  created,  consisting  of 
the  commissioner  of  education  and  of  two  persons  to  be  desig- 
nated by  the  regents  of  the  university  of  the  state  of  New^  York, 
whose  duty  it  shall  be  on  complaint  to  examine  text-books  used 
in  the  public  schools  of  the  state,  in  the  subjects  of  civics,  eco- 
nomics, English,  history,  language  and  literature,  for  the  purpose 
of  determining  w'hether  such  text-books  contain  any  matter  or 
statements  of  any  kind  which  are  seditious  in  character,  disloyal 
to  the  United  States  or  favorable  to  the  cause  of  any  foreign 
country  wath  which  the  United  States  is  now  at  war.  Any  per- 
son may  present  a  written  complaint  to  such  commission  that  a 
text-book  in  any  of  the  aforesaid  subjects  for  use  in  the  public 
schools  of  this  state  or  offered  for  sale  for  use  in  the  public 
schools  of  this  state  contains  matter  or  statements  in  violation  of 
this  section,  specifying  such  matter  or  statements  in  detail.  If 
the  commission  determine  that  the  text-^book  against  which  com- 
plaint is  made  contains  any  such  matter  or  statements,  it  shall 
issue  a  certificate  disapproving  the  use  of  such  text-book  in  the 
public  schools  of  this  state,  together  with  a  statement  of  the  rea- 
sons for  its  disapproval,  specifying  the  matter  found  unlawful. 
Such  certificate  of  disapproval  of  a  text-'book,  with  a  detailed 
statement  of  the  reasons  for  its  disapproval,  shall  be  duly  for- 
W'arded  to  the  boards  of  education  or  other  boards  or  authorities 
having  jurisdiction  of  the  public  schools  of  the  cities,  towns  or 
school  districts  of  this  state,  and  after  the  receipt  of  such  certifi- 
cate the  use  of  a  text-l^ook  so  disapproved  shall  l)c  discontinued 
in  such  city,  town  or  school  district. 

"Any  contract  hereafter  made  by  any  such  board  of  cducatiDU 
or  other  school  authorities  for  the  purchase  of  a  text-book  in 
any  of  such  subjects,  which  has  been  so  disapproved,  shall  be 
void.  Any  school  officer  or  teacher  who  permits  a  text-book  in 
any  of  such  subjects,  which  has  been  so  disapproved,  to  be  used 
in  the  public  schools  of  the  state,  shall  be  guilty  of  a  misde- 
meanor."    (See  L.  1918,  ch.  246.) 


1/8  NEW    YORK    SCHOOL    LAW 

ARBOR    DAY 
[Article  29] 

History. —  Arbor  Day  in  New  York  was  created  by  chapter 
196  of  the  Laws  of  1888  and  has  been  observed  annually  by  the 
public  schools  of  the  State  from  that  date.  Since  the  establish- 
ment of  this  day  the  school  children  have  planted  on  the  school 
grounds  of  the  State  about  200,000  trees  and  many  plants  and 
shrubs. 

Arbor  Day  originated  in  Nebraska  in  1872.  and  is  now  observed 
by  every  State  in  the  Union. 

State  Tree. —  In  1899  the  vote  of  the  school  children  of  the 
State  for  a  State  tree  resulted  in  the  sugar  maple's  receiving  a 
majority  of  all  votes  cast.  Since  that  time  the  sugar  maple  has 
been  considered  the  State  tree. 

State  Flower. —  In  1890  State  Superintendent  Draper  requested 
the  school  children  of  the  State  to  vote  on  Arbor  Day  for  a  State 
flower.  One  hundred  and  thirty  different  varieties  received 
votes,  and  318.079  votes  were  cast.  The  golden-rod  received  the 
greatest  number  of  votes  cast,  81,308,  while  the  rose  received 
79,666  votes.  As  no  flower  received  a  majority  of  the  votes  cast, 
and  as  the  vote  for  the  golden-rod  and  the  rose  was  so  evenly 
divided.  Superintendent  Draper  requested  that  a  vote  be  taken 
on  these  two  flowers  on  Arbor  Day  in  1891.  This  vote  was 
taken,  with  the  result  that  the  rose  received  294,816  votes  and  the 
golden-rod  206,402.  The  rose  is  therefore  considered  our  State 
flower.  New  York  was  the  first  State  in  the  Union  to  take  action 
toward  the  establishment  of  a  State  flower. 

Best  American  Nature  Poem. —  On  Arbor  Day  of  1891  the 
teachers  of  the  State,  in  response  to  a  request  of  the  State  Super- 
tendent  that  they  express  their  choice  by  vote  for  the  best  Ameri- 
can poem  on  nature  or  trees,  selected  Bryant's  Forest  Hymn  by  a 
majority  of  156  votes.    Bryant's  Thanatopsis  was  second  choice. 

Date.—  Arbor  Day  occurred  for  many  years  on  the  Friday  fol- 
lowing the  first  day  of  May.  In  1916  the  law  was  amended  by 
providing  that  the  date  of  Arbor  Day  should  be  fixed  by  procla- 
mation of  the  Commissioner  of  Education. 


TEXT-BOOKS,  ARBOR  DAY,  ETC.  1 79 

Duty  of  School  Authorities. —  The  law  makes  it  the  duty  of  the 
school  authorities  of  every  public  school  in  the  State  "  to  observe 
this  day  properly  by  assembling  the  pupils  in  the  school  building 
or  elsewhere  for  the  purpose  of  holding,  under  the  general  direc- 
tion of  the  city  superintendent  or  district  superintendent,  exer- 
cises which  shall  tend  to  encourage  the  planting,  protection,  and 
preservation  of  trees  and  shrubs,  and  an  acquaintance  with  the 
best  methods  to  be  adopted  to  accomplish  such  results." 

Program  of  Exercises. —  The  Commissioner  of  Education  is 
required  to  prepare  a  program  of  exercises  and  instruction  for 
use  in  the  public  schools  on  Arbor  Day  and  to  cause  the  same 
to  be  distributed  throughout  the  districts  of  the  State. 

Distribution  of  Program. —  It  is  the  duty  of  district  superin- 
tendents and  city  superintendents  to  provide  each  of  the  schools 
under  their  supervision  with  as  many  copies  of  the  program  pre- 
pared by  the  Commissioner  of  Education  as  may  be  availal:)le. 
District  superintendents  may  deposit  with  each  board  of  educa- 
tion the  programs  for  the  schools  under  the  direction  of  such 
board,  and  it  is  the  duty  of  such  board  to  deliver  such  programs 
to  the  teachers  in  charge  of  the  schools. 

FLAG   LAW 
[Article  27] 

The  Legislature  of  1895  passed  an  act  making  it  the  duty  of 
the  school  authorities  of  each  school  district  and  city  in  the 
State  to  supply  a  United  States  flag,  flag-staff,  and  other  neces- 
sary appliances  for  each  of  the  schoolhouses  under  their  super- 
vision. This  flag  should  be  displayed  upon  or  near  the  school- 
house  during  school  hours  and  at  any  other  time  when  so  directed 
by  the  school  authorities. 

In  cities  and  union  free-school  districts  this  duty  rests  with 
boards  of  education,  and  in  all  other  districts  with  the  trustees 
of  such  districts.  This  matter  is  not  left  to  the  discretion  of 
these  officers,  as  the  law  is  mandatory  and  a  failure  to  comply 
with  its  provisions  is  sufficient  cause  for  removal  from  office. 

If  a  school-house  is  not  supplied  with  a  flag  and  the  necessary 
appliances,   or   if   such    flag   and   appliances    have    been    lost   or 


l8o  NEW    YORK    SCHOOL   LAW 

destroyed,  the  trustees  or  board  of  education  of  the  district  or 
city  in  which  such  schoolhouse  is  located  should  purchase  a  flag 
and  appliances  and  levy  a  tax  upon  the  district  for  the  expense 
of  the  same.  School  authorities  may  pursue  this  course  without 
being-  directed  to  do  so  Ijy  a  district  meeting. 

The  Commissioner  of  Education  is  required  to  prepare  for  the 
use  of  the  public  schools  of  the  State  a  program  providing  for 
a  salute  of  the  flag  at  the  opening  of  each  day  of  school  and  to 
provide  for  such  other  patriotic  exercises  as  he  may  deem  to  be 
expedient.  He  is  also  required  to  provide  for  the  observance  of 
Lincoln's  Birthday,  Washington's  Birthday,  Memorial  Day,  Flag 
Day,  and  other  similar  legal  holidays.  To  meet  this  demand 
an  unsually  attractive  and  interesting  volume  on  the  history  of 
the  flag  has  been  issued  and  a  copy  placed  in  every  schoolhouse 
in  the  State. 

SCHOOL    SAVINGS    BANK 
[Section  279  —  Banking  Law] 

General  Statement. —  The  Legislature  of  1904  amended  the 
banking  law  by  authorizing  school  savings  banks  in  the  public 
schools  of  the  State.  This  action  was  necessary  in  view  of  an 
opinion  of  the  State  Attorney-General,  in  order  to  legalize  a 
growing  practice  in  many  schools  intended  to  inculcate  principles 
of  thrift  and  economy  at  an  early  period  of  the  child's  life. 

Who  May  Collect  Money. —  The  principal  of  any  school  in 
the  State  or  a  superintendent  of  schools,  or  any  other  person 
designated  for  that  purpose  by  a  board  of  education,  may  col- 
lect from  pupils  once  a  week  or  from  time  to  time  small  amounts 
of  savings. 

How  Deposited. —  Such  savings  shall  be  deposited  on  the  day 
collected  by  the  person  making  such  collection  in  a  savings  bank 
of  the  State.  Such  deposits  must  be  to  the  credit  of  the  re- 
spective pupils  from  whom  it  was  collected.  If  the  amount  col- 
lected at  any  one  time  shall  be  insuflficient  for  the  opening  of 


RE\Ili\V    gUKSTIONS  l8l 

individual  accounts,  it  shall  be  deposited  in  the  name  of  the  prin- 
cipal or  superintendent  in  trust  and  to  be  transferred  to  the  credit 
of  the  respective  pupils  to  whom  it  belongs  when  the  amount  is 

sufficient  for  that  purpose. 

Data  to  be  Furnished  Bank. —  Principals  or  superintendents 
must  furnish  banks  in  which  such  deposits  are  made  a  list  of 
the  names  of  such  depositors,  their  ages,  signatures,  addresses, 
place  of  birth,  parents'  names,  and  any  other  data  required  l)y 
such  banks. 

Penalty  for  Violation  of  this  Law. —  For  the  purposes  of  this 
law  it  is  lawful  to  use  the  terms  "  School  Savings  Banks,"  or 
"  System  of  School  Savings  Banks  "  in  circulars  and  otherwise, 
but  for  a  violation  thereof  a  penalty  of  $ioo  is  imposed  for  each 
offense  and  for  each  day  such  offense  is  continued. 

REVIEW   QUESTIONS 

By  what  authority  are  text-books  adopted  in  union  free-school  districts? 
In  cities?  In  common-school  districts?  What  vote  is  necessary  in  com- 
mon-school districts?  When  can  such  vote  be  taken?  After  a  text-book 
has  been  adopted  in  a  city  or  union  free-school  district,  how  may  such  text- 
book be  changed  within  a  period  of  five  years?  After  a  period  of  five 
years?  In  a  common-school  district  how  may  a  text-book  be  changed 
within  a  period  of  five  years  after  its  adoption?  After  a  period  of  five 
years?  What  is  the  penalty  for  violation  of  these  provisions?  How  may 
such  fine  be  collected?  For  what  should  it  be  used  after  it  is  collected? 
May  a  union  free-school  district  supply  pupils  with  text-books?  When? 
How  is  it  done? 

When  was  Arbor  Day  created?  How?  Where  did  the  day  originate? 
When?  What  is  considered  our  State  tree?  How  was  it  determined? 
What  is  considered  our  State  flower?  How  was  it  determined?  Give 
the  history  of  the  vote  on  this  question?  What  was  the  result  of  the 
final  vote?  What  has  been  decided  to  be  the  best  American  poem  on 
nature?  How  was  this  decided?  When  does  Arbor  Day  occur?  What 
is  the  duty  of  school  authorities  in  relation  to  .-Xrhor  Day?  Wlio  prepares 
the  program  of  exercises?  How  are  such  programs  distributed?  How  is 
the  expense  of  carrying  out  the  provisions  of  the  law  met? 

State  the  provisions  of  the  flag  law  of  1895  relative  to  supplying  school 


l82  NEW    YORK    SCHOOL    LAW 

districts  with  a  United  States  flag.  When  should  the  flag  be  displayed? 
Where?  Upon  whom  does  the  provisions  of  the  law  fall  in  union  free- 
school  districts?  In  all  other  districts?  Are  its  provisions  left  to  the  dis- 
cretion of  school  authorities?  What  is  the  penalty  for  failing  to  comply 
with  its  provisions?  If  a  district  has  not  a  flag  and  appliances,  who  should 
purchase  one?  If  a  flag  and  appliances  have  been  destroyed,  who  should 
replace  them?     Is  a  vote  of  the  district  necessary  in  either  case? 


CHAPTER  XX 

COMPULSORY      EDUCATION EMPLOYMENT     "OF       CHILDREN — VACA- 
TION PERMITS ILLITERATE  MINORS 

[Article  23] 

The  Act  of  1874. —  On  May  11,  1874,  the  State  Legislature 
passed  a  Compulsory  Education  Law,  which  went  into  effect 
January  i,  1875.  The  burden  of  enforcing  the  provisions  of  this 
act  was  placed  upon  trustees,  and  penalties  for  its  violation  or 
failure  to  enforce  were  not  provided.  Little  attention  was  given 
to  the  measure,  and  it  was  never  enforced  to  any  extent  in  any 
part  of  the  State.  After  remaining  a  dead  letter  upon  the  statute 
books  for  twenty  years,  the  act  was  superseded  by  chapter  671  of 
the  Laws  of  1894,  which  was  incorporated  in  the  Consolidated 
School  Law  and  is  now  article  2T)  of  the  Education  Law.  A  law 
taking  effect  September  i,  1904,  provides  for  the  compulsory 
education  of  Indian  children  on  the'  Indian  reservations.  This 
law  is  modeled  after  the  general  Compulsory  Education  Law 
and  is  quite  similar  to  it  in  all  respects.  For  the  detailed  pro- 
visions of  this  law,  see  article  T^y  Of  the  Education  Law. 

Terms  Defined. —  The  terms  "school  authorities"  and  "person 
in  parental  relation  to  a  child "  occur  so  often  in  this  measure 
that  a  complete  knowledge  of  their  meaning  is  necessary,  in  order 
to  have  a  clear  understanding  of  the  provisions  of  this  law. 

"School  Authorities,"  means  the  trustees  or  board  of  education, 
or  corresponding  officers,  whether  one  or  more,  and  by  whatever 
name  known,  of  a  city  or  school  district,  however  created. 

"Persons  in  Parental  Relation  to  a  Child." — This  term  means 
those  persons  who  have  the  lawful  care,  custody,  and  control  of 
children.  The  term  includes  parents,  guardians,  or  any  other 
persons  standing  in  such  capacity,  whether  one  or  more. 

Who  Shall  Attend  Upon  Instruction. —  i.  Every  child  within 
the  compulsory  school  ages,  in  proper  physical  and  mental  con- 
dition to  attend  school,  residing  in  a  city  or  school  district  having 
a  population  of  four  thousand  five  hundred  or  more  and  employ- 
ing a  superintendent  of  schools,  shall  regularly  attend  upon 
instruction  for  the  entire  time  during  which  the  schools  of 
such  city  or  district  are  in  session  as  follows: 

(a)  Each  child  between  seven  and  fourteen  years  of  age. 

(b)  Each  child  between  fourteen  and  sixteen  years  of  age 
not  regularly  and  lawfully  employed. 

183' 


184  NEW  YORK  SCHOOL  LAW 

2.  Every  such  child,  residing  elsewhere  than  in  a  city  or 
school  district  having  a  population  of  four  thousand  five  hun- 
dred or  more  and  employing  a  superintendent  of  schools,  shall 
attend  upon  instruction  during  the  entire  time  that  the  school 
in  the  district  shall  b§  in  session,  as  follows: 

(a)  Each  child  between  eight  and  fourteen  years  of  age. 

(b)  Each  child  between  fourteen  and  sixteen  years  of  age 
not  regularly  and  lawfully  engaged  in  any  useful  employment 
or  service. 

(c)  The  period  of  which  any  such  school  shall  be  in  session 
shall  not  be  less  than  one  hundred  and  eighty  days  of  actual 
school. 

Where  Children  May  Attend  Upon  Instruction. —  This  law 
does  not  prescribe  that  children  shall  attend  public  schools.  It 
provides  that  they  shall  attend  upon  instruction.  Such  attendance 
upon  instruction  may,  therefore,  be  in  a  public  school,  a  private 
school,  or  at  home. 

Character  of  Instruction. —  When  children  attend  elsewhere 
than  at  a  public  school,  the  instruction  given  must  be  substan- 
tially the  same  as  that  given  to  children  of  like  age  in  the  public 
schools  in  the  city  or  district  in  which  such  children  reside. 
The  number  of  hours'  attendance  shall  be  the  same  as  that 
required  in  the  public  school  of  the  district  in  which  such  children 
reside.  No  greater  allowance  for  holidays,  vacations,  etc.,  shall 
be  made  upon  such  attendance  than  is  allowed  in  the  public 
schools  of  the  district  in  which  such  children  reside. 

Duty  of  Parents,  Guardians,  etc. —  The  law  makes  it  the  duty 
of  every  parent,  guardian,  or  other  person  standing  in  parental 
relation  to  a  child  or  children  between  the  ages  of  seven  and  six- 
teen years,  to  require  such  child  or  children  to  attend  upon  in- 
struction as  required  by  law,  provided  such  child  or  children  are 
in  proper  physical  and  mental  condition  to  attend  school. 

A  child  within  the  prescribed  ages  shall  be  deemed  in  proper 
physical  and  mental  condition  to  attend  upon  instruction  unless  a 
certificate  shall  have  been  issued  by  the  school  authorities  that 
the  child  is  not  in  proper  physical  and  mental  condition  to  so 
attend.  Xo  physical  condition  which  is  capable  of  correction 
shall  avail  as  a  defense  under  the  provisions  of  this  article  unless 
it  shall  be  made  to  appear  that  all  reasonable  measures  for  the 
correction  of  the  condition  and  the  suitable  instruction  of  the 
child  have  been  taken.  At  the  time  a  child  of  school  age  begins 
to  attend  upon  instruction  at  a  public  school  or  elsewhere,  the 
person  in  parental  relation  to  such  child  shall  submit  to  the 
school  authorities  or  to  the  person  having  control  or  charge  of 
the  instruction  of  such  child,  as  evidence  of  age,  a  duly  attested 
transcript  of  the  birth  certificate  filed  according  to  law  with  a 


COMPULSORY    EDUCATION,    ETC.  185 

registrar  of  vital  statistics  or  other  officer  charged  with  tiie  duty 
of  recording  births;  or  a  passport,  or  a  duly  attested  transcript 
of  a  certilicate  of  baptism  showing  the  date  of  birth  of  such  child. 

In  case  no  acceptable  documentary  evidence  of  age  as  above 
required  can  be  produced  by  the  person  in  parental  relation  to 
the  child  he  shall  then  make  an  affidavit  showing  that  such 
required  documentary  evidence  cannot  be  produced.  Such  affi- 
davit shall  contain  the  date  and  place  of  birth,  and  the  present 
residence  of  such  child,  which  affidavit  must  be  taken  before 
an  officer  of  the  board  of  education  duly  designated  for  the  pur- 
pose, and  who  is  authorized  and  required  to  administer  such 
oath,  and  such  other  oaths  as  may  be  necessary,  and  who  shall 
not  demand  or  receive  a  fee  therefor. 

Such  affidavit  shall  be  filed  with  the  school  authorities,  and  a 
duly  attested  transcript  thereof  shall  be  furnished  upon  request 
to  the  person  in  charge  of  the  instruction  of  such  child. 

Upon  request  of  the  school  authorities  the  board  or  depart- 
ment of  health  shall  furnish  a  duly  attested  transcript  of  the 
birth  certificate  filed  according  to  law  of  a  child  seeking  admis- 
sion to  school.  Such  transcript  shall  be  written  in  ink  or  type- 
written and  shall  be*  kept  on  file  by  the  school  authorities  until 
the  child  leaves  school  to  take  up  employment  or  becomes  eigh- 
teen years  of  age.     (See  L.  1921,  ch.  386.) 

Parent  or  Guardians  Guilty  of  Misdemeanor,  etc. —  Any  parent, 
guardian,  or  other  person  in  parental  relation  to  a  child  or 
children,  who  fails  to  require  them  to  attend  upon  instruction 
as  required  by  law  is  guilty  of  a  misdemeanor.  For  the  first 
offense,  a  fine  not  exceeding  $5  or  imprisonment  for  five  da\-s 
may  be  imposed.  Each  subsequent  offense  is  punishable  by  a 
fine  not  to  exceed  $50,  or  by  imprisonment  not  to  exceed  thirty 
days,  or  by  both  such  fine  and  imprisonment.  No  provision 
having  been  made  by  this  act  as  to  what  should  be  done  with  a 
fine  in  this  case,  the  same  should  be  disposed  of  as  are  other 
fines  imposed  and  collected  by  courts  as  provided  in  sections  726 
and  727  of  the  Code  of  Criminal  Procedure. 

School  Record  Certificate. —  i.  A  school  record  certificate  shall 
be  issued  to  a  minor  entitled  thereto  as  follows: 

(a)  To  a  minor  between  fourteen  and  fifteen  years  of  age  who 
's  a  graduate  of  a  public  elementary  school  or  parochial  school 
or  other  school  in  which  the  sul)jects  enumerated  in  section  620 
of  the  Education  Law  are  taught  as  therein  required  or  who 
holds  a  prcacademic  certificate  issued  by  the  Regents  and  who 
has  attended  upon  lawful  instruction  for  not  less  than  one  hun- 
dred and  thirty  days  in  any  of  the  following  periods  of  twelve 
months:  (i)  That  between  his  thirteenth  and  fourteenth  birth- 
days ;  (2)  That  next  preceding  graduation ;  (3)  That  next  pre- 
ceding his  application  for  the  certificate. 


1 86  NEW   YORK   SCHOOL  LAW 

(b)  To  a  minor  between  fifteen  and  sixteen  years  of  age  who 
has  completed  the  work  prescribed  for  the  first  six  years  of  the 
course  of  study  of  a  public  elementary  school,  or  a  parochial 
school,  or  a  school  of  equal  rank  in  which  the  subjects  enumer- 
ated in  section  620  of  the  Education  Law  are  taught  as  therein 
required  and  who  has  attended  upon  lawful  instruction  in  the 
twelve  months  between  his  thirteenth  and  fourteenth  birthdays 
or  in  the  twelve  months  next  preceding  his  application  for  said 
certificate  for  not  less  than  one  hundred  and  thirty  days. 

(c)  To  a  minor  between  sixteen  and  seventeen  years  of  age 
irrespective  of  his  educational  attainments  and  attendance  upon 
instruction. 

(d)  Any  portion  of  the  one  hundred  and  thirty  days'  attend- 
ance required  for  the  issuance  of  a  school  record  certificate 
lacking  at  the  time  application  for  its  issuance  is  made  shall, 
if  made  up  of  regular  attendance  within  ninety  days  thereafter, 
be  regarded  as  attendance  within  the  prescril)ed  period. 

2.  The  person  issuing  a  school  record  certificate  shall  certify 
the  date  of  birth  of  the  minor,  his  plaqe  of  residence,  the  names 
of  the  persons  in  parental  relation  to  the  minor  and  the  other 
appropriate  facts  set  forth  in  items  a  and  b  above  as  shown 
by  the  school  records ;  but  in  the  case  of  a  minor  between 
sixteen  and  seventeen  years  of  age,  he  shall  then  certify  under 
those  items  the  grade  or  class  reached  by  the  minor ;  if,  how- 
ever, such  a  minor  is  not  in  attendance  upon  instruction,  or  if 
this  and  other  required  information  is  not  readily  obtainable 
then  thereupon  issuing  the  school  record  certificate  shall  certify 
the  same  facts  as  determined  to  the  best  of  his  ability. 

3.  School  record  certificate  shall  be  issued  only  by  the  fol- 
lowing persons : 

(a)  In  a  city  of  the  first  class  by  the  principal  or  chief  execu- 
tive ofificer  of  a  school. 

(b)  In  a  city  or  school  district  having  a  population  of  four 
thousand  five  hundred  or  more  and  employing  a  superintendent 
of  schools,  by  the  superintendent  of  schools. 

(c)  In  all  other  school  districts  by  the  principal  teacher  of 
the  school. 

(d)  During  the  months  of  July  and  August,  and  at  other  times 
in  extraordinary  and  emergency  circumstances  by  one  or  more 
public  school  officials  deputized  in  writing  by  the  superintendent 
of  schools.  The  school  record  certificate  shall  be  granted  on 
demand  to  any  minor  lawfully  entitled  thereto. 

Issuance  of  Employment  Certificates,  Vacation  Employment 
Certificates,  Newsboy  Permit  Badges. —  i.  Employment  certifi- 
cates, vacation  employment  certificates  and  newsboy  permit 
badges  shall  be  issued  only  by  the  following  officials:  In 
cities     and     school     districts     having     a     population     of     four 


COMPULSORY    EDUCATION,    ETC.  I87 

thousand  live  hundred  or  more  by  the  superintendent  of 
schools ;  elsewhere  by  the  district  superintendents ;  pro- 
vided that  the  superintendent  of  schools  or  district  super- 
intendent may  authorize  and  deputize  in  writing  one  or  more 
public  school  officials  other  than  attendance  officers  to  act  in 
his  stead  as  employment  certificating  officers  in  accordance 
with  the  regulations  of  the  commissioner  of  education.  The 
number  of  persons  so  deputized  as  employment  certificating 
officers  shall  not  exceed  the  proportion  of  one  for  each  half 
million  of  the  population  or  fraction  thereof  of  a  city  or  district. 

2.  An  employment  certificate  shall  be  issued  for  a  minor  be- 
tween fourteen  and  seventeen  years  of  age  who  is  entitled  thereto 
in  accordance  with  the  following  procedure: 

(a)  Such  minor  shall  obtain  a  school  record  certificate  from 
the  principal  or  chief  executive  officer  of  the  school  which  the 
minor  attends  or  as  otherwise  provided : 

(b)  He  shall  present  to  the  examining  officer  of  the  board  or 
department  of  health,  to  be  known  as  the  age  and  health  certifi- 
cating officer,  the  application  of  the  parent,  school  record  certifi- 
cate, evidence  of  age,  and  if  the  minor  is  between  fourteen  and 
sixteen  years  of  age  he  shall  also  present  the  statement  of  the 
prospective  employer  and  shall  then  obtain  from  the  age  and 
health  certificating  officer  a  certificate  of  physical  fitness. 

(c)  He  shall  then  present  all  the  foregoing  papers  to  the  em- 
ployment certificating  officer  who  shall  issue  the  employment 
certificate  if  such  papers  are  found  to  be  satisfactory. 

3.  The  parent,  guardian  or  custodian  of  the  minor  shall  make 
personal  application  for  the  issuance  of  a  school  record  certificate. 
If  between  fourteen  and  sixteen  years  of  age  the  minor  shall 
obtain  a  statement  signed  by  the  prospective  employer,  or  by  his 
duly  authorized  representative,  stating  that  he  expects  to  give  the 
minor  present  employment  and  setting  forth  the  character  of 
such  employment,  and  the  number  of  hours  per  day  and  per  week 
which  the  minor  will  be  employed. 

4.  The  minor  shall  then  present  the  papers  prescribed  in  para- 
graph six  of  subdivision  two  of  this  section  to  the  age  and  health 
certificating  officer  for  examination  and  approval.  When  these 
papers  have  been  approved,  a  medical  officer  of  the  board  of 
health  shall  then  make  a  thorough  physical  examination  of  the 
minor,  and  if  the  medical  officer  shall  find  that  the  child  has 
reached  the  normal  development  of  a  child  of  his  age,  is  in  sound 
health  and  physically  fit  to  perform  the  work  he  intends  to  do, 
he  shall  then  issue  to  the  minor  a  certificate  of  physical  fitness, 
stating  these  facts.  If  the  minor  be  found  to  be  physically  unfit 
or  if  the  proofs  of  age  submitted  by  him  be  unsatisfactory,  the 
age  and  health  certificating  officer  shall  reject  the  applicant  and 
shall  notify  the  employment  certificating  officer  of  this  action 


l88  NEW   YORK   SCHOOL  LAW 

and  of  the  reason  therefor  and  shall  return  the  papers  forthwith 
to  such  person. 

5.  The  minor  shall  then  present  the  papers  approved  by  the 
age  and  health  certificating  officer  to  the  employment  certifi- 
cating officer  who  shall  examine,  approve  and  file  the  same. 
The  employment  certificating  officer  shall  also  test  the  minor, 
if  he  is  under  sixteen  years  of  age,  as  to  his  al)ility  to  read  and 
write  correctly  simple  sentences  in  the  English  language  and 
shall,  after  making  such  examination,  sign  and  file  in  his  office 
a  statement  that  the  minor  can  read  and  write  correctly  simple 
sentences  in  the  English  language,  together  with  the  sentences 
written  by  such  minor,  constituting  the  test  so  given.  If  the 
papers  enumerated  above  are  approved,  and  if  the  minor  who 
is  under  sixteen  years  of  age  shows  that  he  is  able  to  read  and 
write  correctly  simple  sentences  in  the  English  language,  the 
employment  certificating  officer  shall  then  issue  to  the  minor 
an  employment  certificate.  If  these  papers  are  not  approved 
or  if  the  minor  w'ho  is  under  sixteen  years  of  age  is  unaljle  to 
read  and  w^ite  correctly  simple  sentences  in  the  English  lan- 
guage, the  employment  certificating  officer  shall  reject  the  appli- 
cant and  notify  the  person  issuing  the  school  record  certificate, 
stating  the  reason  therefor,  and  shall  rettirn  the  school  record 
certificate  to  the  person  who  issued  it. 

6.  An  employment  certificate  shall  be  signed  in  the  presence 
of  the  officer  issuing  the  certificate  by  the  minor  for  whom  it 
is  issued.  It  shall  also  contain  the  name  and  address  of  the 
prospective  employer  and  shall  state  the  nature  of  the  work 
which  the  minor  expects  to  perform  and  it  shall  be  valid  only 
in  the  hands  of  the  employer  therein  named.  Any  employed 
minor  betw^een  fourteen  and  seventeen  years  of  age  required 
to  obtain  an  employment  certificate  and  who  is  seeking  new 
employment  shall  obtain  a  new  employment  certificate  and  shall 
be  entitled  thereto  upon  the  return  to  the  employment  certifi- 
cating officer  of  the  old  employment  certificate  and  if  the  minor 
is  between  fourteen  and  sixteen  years  of  age  upon  the  presenta- 
tion to  such  officer  of  a  statement  from  the  prospective  employer 
as  hereinbefore  provided. 

7.  The  evidence  of  age  shall  show  that  the  child  is  at  least  the 
age  required  for  the  issuance  of  the  school  record  certificate  and 
such  evidence  shall  be  as  follows : 

(a)  Birth  certificate;  passport  or  baptismal  certificate.  A 
certificate  transcript  of  the  birth  certificate  filed  according  to 
law;  a  duly  attested  transcript  of  a  certificate  of  baptism  or  a 
passport  showing  the  date  of  birth  of  the  child. 

(b)  Other  documentary  evidence.  If  the  child  appears  to  the 
age  and  health  certificating  officer  to  be  of  the  required  age  and 
none  of  the  papers  mentioned  in  the  preceding  subdivision  can  be 


COMPULSORY    EDUCATION,    ETC.  189 

furnished  but  other  satisfactory  documentary  evidence  of  age  can 
be  produced,  such  officer  shall  present  to  the  board  or  department 
of  health  a  statement  signed  by  him  showing  such  facts  together 
with  such  evidence.  The  executive  officer  of  the  board  or  depart- 
ment of  health  may  accept  such  documentary  evidence  as  suffi- 
cient as  to  the  age  of  such  child  and  a  record  therefor  shall  be 
entered  on  the  minutes  of  the  board  at  its  next  meeting. 

(c)  Physicians'  certificates.  If  the  child  appears  to  be  of  the 
required  age,  the  age  and  health  certificating  officer  may  receive 
an  application  signed  by  the  child's  parent,  guardian  or  custodian 
for  physicians'  certificates  as  herein  provided.  The  application 
shall  be  on  file  for  not  less  than  sixty  days  and  shall  contain : 
(i)  The  name,  the  place  and  date  of  birth  and  the  present  resi- 
dence of  the  child;  {2)  such  further  facts  as  may  aid  in  deter- 
mining the  child's  age.  If  within  such  period  no  facts  appear  to 
contradict  any  material  statement  of  such  application,  the  officer 
shall  direct  the  child  to  appear  for  physical  examination  before 
two  physicians  designated  by  the  board  of  health.  If  the  physi- 
cians certify  in  writing  that  they  have  separately  examined  the 
child  and  that  the  child  is  at  least  of  the  required  age,  such  cer- 
tificates shall  be  sufficient  evidence  of  age.  If  their  opinions  do 
not  concur  the  child  shall  be  examined  by  a  third  physician,  and 
the  concurring  opinions  shall  be  accepted  as  evidence  of  age. 

(d)  The  age  and  health  certificating  officer  shall  require  evi- 
dence of  age  in  the  order  designated  in  subdivision  one  of  this 
section  and  shall  not  accept  the  evidence  permitted  by  paragraph 
b  or  c  of  said  subdivision  unless  he  receives  and  files  in  addition 
an  affidavit  of  the  child's  parent,  guardian  or  custodian,  stating 
that  no  evidence  specified  in  the  preceding  paragraph  or  para- 
graphs can  be  produced.  Such  affidavit  shall  contain  the  name, 
place  and  date  of  birth  and  residence  of  the  child  and  shall  be 
acknowledged  and  sworn  to  before  the  age  and  health  certificat- 
ing officer,  who  shall  not  demand  or  receive  any  fee  for  adminis- 
tering the  oath. 

8.  Record  of  physical  examination.  A  medical  officer  of  the 
board  or  department  of  health  shall  make  a  thorough  physical 
examination  of  every  child  before  the  issuance  of  a  certificate  of 
physical  fitness.  He  shall  record  the  result  and  such  other  facts 
concerning  the  child's  physical  condition  and  history  as  the  com- 
missioner of  education  may  require  on  blanks  furnished  by  him 
and  shall  sign  the  record  so  made. 

9.  Vacation  employment  certificate.  The  requirements  and 
procedure  for  the  issuance  of  a  vacation  employment  certificate 
shall  be  the  same  as  those  for  the  issuance  of  an  employment 
certificate  except  that  the  minor  shall  not  be  reriuired  to  obtain 
a  school  record  certificate.  A  vacation  employment  certificate 
shall  be  valid  only  in  the  hands  of  the  employer  therein  named. 


190  NEW   YORK   SCHOOL  LAW 

10.  Newsboy  permit  badge,  (a)  A  newsboy  permit  badge 
shall  be  issued  only  on  the  personal  application  of  the  principal 
of  the  school  the  boy  attends  when  the  schools  are  in  session 
and  the  certificate  of  such  principal  that,  the  boy  is  of  normal 
development  and  physically  fit  for  such  employment  and  is 
twelve  years  of  age  or  upwards  as  shown  by  the  school  records, 
or  if  the  schools  are  not  in  session  upon  the  certification  of  the 
employment  certificating  officer.  Such  certificate  shall  be  duly 
filed  with  the  employment  certificating  ofiicer. 

(b)  The  newsboy  permit  badge  shall  be  conspicuously  worn 
wherever  the  boy  to  whom  it  was  issued  is  engaged  in  the  work 
it  authorizes  him  to  do. 

(c)  Such  permit  badge  may  be  revoked  for  cause  by  the  em- 
ployment certificating  officer. 

11.  Any  person  who  makes  a  false  statement  in  or  in  relation 
to  any  employment  certificate  as  to  any  matters  required  by  this 
act  or  in  any  affidavit,  record,  transcript  or  certificate  therein 
provided  for,  is  guilty  of  an  ofifense,  punishable  in  each  case  by 
a  fine  of  not  more  than  one  hundred  dollars,  or  by  imprisonment 
for  not  more  than  sixty  days,  or  both  such  fine  and  imprison- 
ment. (See  sec.  631  of  the  Education  Law,  as  amended  by 
L    1921,  ch.  386.) 

Employer  Must  File  Employment  Certificate  and  Return  Cer- 
tificate to  Employment  Certificating  Officer. —  The  employer  of 
any  minor  between  fourteen  and  seventeen  years  of  age  in  a  city 
or  district  shall  keep  and  shall  file  in  the  place  where  such 
minor  is  employed,  the  employment  certificate  or  vacation  em- 
ployment certificate  of  the  minor  if  such  minor  is  required  to 
obtain  such  an  employment  certificate  under  the  provisions  of 
section  six  hundred  and  twenty-six  of  the  Education  Law.  L^pon 
the  termination  of  employment  of  any  such  minor  the  employer 
shall  return  by  mail  within  three  days  the  employment  certifi- 
cate or  the  vacation  employment  certificate  to  the  employment 
certificating  officer. 

Unlawful  Employment  of  Children. —  It  is  unlawful,  when  at- 
tendance upon  instruction  is  required,  to  employ  in  any  business 
or  service  whatsoever, 

1.  A  child  under  fourteen  years  of  age. 

2.  A  minor  betAveen  fourteen  and  sixteen  years  of  age  or,  after 
September  i,  1921,  in  a  city  having  a  population  of  five  thousand 
or  more,  a  minor  between  sixteen  and  seventeen  years  of  age, 
who  does  not  at  the  time  of  employment  present  an  employment 
certificate  issued  according  to  law. 

It  is  unlawful,  when  attendance  upon  instruction  is  not  re- 
quired, 

I.  To  employ  in  any  business  or  service,  except  as  hereafter 


COMPULSORY    EDUCATION,    ETC.  19! 

Stated,  a  child  under  fourteen  years  of  age  or  a  minor  between 
fourteen  and  sixteen  years  of  age  who  does  not  at  the  time  of 
employment  present  a  regular  employment  certilicate  or  a  vaca- 
tion employment  certificate  issued  according  to  law.  However, 
a  vacation  employment  certificate  shall  be  valid  only  for  employ- 
ment on  days  when  attendance  upon  instruction  is  not  required, 
and  only  in  or  in  connection  with  employment  in  a  mercatile 
establishment,  or  business  office,  or  in  outdoor  work. 

2.  To  employ  in  the  sale  or  distribution  of  newspapers,  peri- 
odicals or  magazines  or  to  permit  to  be  employed  or  engaged 
in  such  employment  a  boy  under  twelve  years  of  age,  a  girl 
under  sixteen  years  of  age,  or  a  boy  between  tw^elve  and  six- 
teen years  of  age  who  does  not  possess  a  newsboy  permit  badge 
issued  according  to  law  and  not  revoked.  No  such  boy  shall 
engage  in  or  be  employed  in  such  sale  or  distribution  before  six 
o'clock  in  the  morning  nor  after  eight  o'clock  in  the  evening. 

When  attendance  upon  instruction  is  not  required  the  above 
provisions  shall  not  apply  to  the  employment  of  children  over 
twelve  years  of  age  in  farm  service  or  outdoor  work  not  con- 
nected with  or  for  a  factory  or  other  establishment  specified  in 
the  Labor  Law  and  not  prohibited  or  regulated  by  the  Penal 
Law. 

Penalty  for  Unlawful  Employment. —  Any  person,  firm,  or 
corporation  or  any  officer  or  employee  acting  therefor  who  em-* 
ploys  any  child  or  minor  in  violation  of  the  compulsory  attend- 
ance law,  and  any  person  in  parental  relation  to  a  child  or  minor 
included  by  the  provisions  of  such  law  who  does  not  cause  him 
to  comply  with  such  provisions,  shall  be  guilty  of  a  misdemeanor 
and  the  punishment  for  a  first  offense  shall  be  a  fine  of  not  more 
than  fifty  dollars,  or  by  imprisonment  for  not  less  than  ten 
days;  for  a  second  and  each  subsequent  ofifense,  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  two  hundred  dollars,  or  by  im- 
prisonment for  not  more  than  thirty  days,  or  by  both  such  fine 
and  imprisonment. 

In  case  the  person  in  parental  relation  to  such  a  child  or 
minor  establishes  to  the  satisfaction  of  the  court  that  the  child 
or  minor  is  beyond  his  control,  such  child  or  minor,  in  the  dis- 
cretion of  the  school  authorities,  may  be  proceeded  against  for 
violation  of  the  Compulsory  Education  Law. 

Record  of  Attendance  by  Teachers. —  The  teacher  of  every 
public  school  is  required  to  keep  an  accurate  record  of  attend- 
ance of  all  children  betw^een  the  ages  of  seven  and  sixteen  years. 
This  record  must  show  the  attendance  each  day  by  the  year, 
month,  day  of  the  month,  and  day  of  the  week,  and  the  number 
of  hours  thereof  each  day.  Teachers  of  private  schools  are  also 
required  to  keep  such  record  of  attendance.    A  record  of  attend- 


192  NEW  YORK  SCHOOL  LAW 

ance  upon  instruction  must  also  be  kept  of  children  who  do  not 
attend  public  or  private  schools,  but  who  are  instructed  at  home. 

These  records  must  at  all  times  be  open  to  the  inspection  of 
an  attendance  officer  or  other  person  appointed  by  the  school 
authorities  of  the  city,  district  or  Commissioner  of  Education. 
Teachers  must  also  answer  all  reasonable  inquiries  relative  to 
such  records.  A  wilful  refusal  or  neglect  to  answer  any  such 
inquiry  is  a  misdemeanor. 

It  is  important  that  all  records  of  attendance  shall  be  kept  with 
great  care,  as  in  cases  taken  to  the  courts  the  school  register  will 
be  the  principal  documentary  evidence  as  to  the  attendance  of 
pupils. 

A  duly  attested  transcript  of  the  record  of  attendance  and  ab- 
sence of  a  child  which  has  been  kept  by  a  teacher,  as  provided  in 
section  six  hundred  and  twenty-nine  of  the  Education  Law,  shall 
be  accepted  as  presumptive  evidence  of  the  attendance  of  such 
child  in  any  proceeding  brought  under  the  provisions  of  this 
article.   (See  L.  1919,  ch.  232.) 

Attendance  Officers. —  In  each  city,  and  in  each  union  free- 
school  district  or  common-school  district,  including  in  whole  or 
in  part  an  incorporated  village,  the  school  authorities  of  such  city 
or  district  shall  appoint  as  many  attendance  officers  as  such 
board  shall  deem  necessary  for  the  proper  enforcement  of  this 
attendance  act.  Such  board  may  also  at  any  time  remove  such 
attendance  officers.  Boards  must  also  fix  the  compensation  of 
these  officers,  define  their  duties,  and  establish  rules  and  regula- 
tions for  their  guidance.  The  supervision  and  enforcement  of 
this  act  is  placed  in  the  hands  of  the  superintendent  of  schools 
in  such  cities  and  districts. 

The  town  board  of  each  town  must  also  appoint  as  many  at- 
tendance officers  for  their  town  as,  in  the  judgment  of  such 
board,  shall  be  necessary  for  the  proper  enforcement  of  this  act. 
The  jurisdiction  of  such  officers  extends  over  all  districts  except 
those  mentioned  in  the  preceding  paragraph.  A  town  board  in 
appointing  attendance  officers  cannot  limit  the  jurisdiction  of 
such  officers  to  specific  school  districts.  The  town  board  shall 
fix  the  compensation  of  such  officers,  which  shall  be  a  town 
charge. 

Attendance  officers  appointed  by  town  boards  rnust^  be  ap- 
proved by  the  district  superintendent  having  jurisdiction.  A 
district  superintendent  may  also  remove  an  attendance  officer. 

If  non-resident  pupils  are  tardy  or  absent,  school  authorities 
should  report  the  same  to  the  school  and  attendance  officers  of 
the  district  in  which  such  non-resident  pupils  reside.  All  pupils 
are  subject  to  the  authority  of  the  school  officers  and  attendance 
officers  of  the  district  in  which  they  reside. 

Arrest  of  Truants. —  Attendance  officers  have  authority  to  ar- 


COMPULSORY    EDUCATION,    ETC.  I93 

rest  at  any  time,  without  warrant,  any  child  between  seven  and 
sixteen  years  of  age  who  is  then  a  truant  from  instruction  upon 
which  such  child  is  lawfully  required  to  attend. 

In  case  any  child  is  thus  arrested,  the  attendance  officer  must 
forthwith  take  such  child  to  his  teacher;  or  in  case  the  child  is 
an  habitual  truant,  the  officer  must  take  him  before  a  police 
magistrate,  who  may  commit  him  to  a  truant  school  or  to  some 
similar  institution.  After  each  arrest  it  is  the  duty  of  the  at- 
tendance officer  to  report  the  disposition  made  by  him  of  the 
child,  to  the  school  authorities  of  the  district  where  such  child 
was  required  to  attend  school. 

A  truant  officer  in  the  performance  of  his  duty  has  the  author- 
ity to  enter  during  business  hours  a  factory,  merchantile  or  other 
establishment  and  examine  the  employment  certificates  and 
registry  of  children  employed  therein. 

Attendance  officers  are  also  vested  with  the  powers  of  peace 
officers  for  the  purpose  of  enforcing  the  provisions  of  the  Edu- 
cation Law  relative  to  the  unlawful  employment  of  children. 

Truant  Schools. —  The  school  authorities  of  any  city,  town  or 
union  free^school  district  may  establish  schools  or  set  apart 
separate  rooms  for  children  who  are  habitual  truants,  or  who  are 
insubordinate  while  in  attendance,  or  who  are  irregular  in  their 
attendance ;  and  they  may  provide  for  the  confinement,  mainte- 
nance, and  instruction  of  such  children  in  such  schools.  If  the 
school  authorities  of  any  city,  town  or  union  free-school  district 
do  not  establish  a  truant  school,  they  may  make  a  contract  with 
any  other  city,  town  or  school  district  having  a  truant  school,  for 
the  confinement,  maintenance,  and  instruction  of  their  truant 
children. 

Commitment. —  When  the  persons  in  parental  relation  to  a 
child  give  their  written  consent,  the  school  authorities  or  the 
superintendent  of  schools  may  commit  such  child  to  a  truant 
school ;  or  in  a  private  school,  an  orphans'  home,  or  similar  insti- 
tution controlled  by  persons  of  the  same  religious  faith  as  the 
persons  in  parental  relation  to  the  child,  for  a  period  not  to 
exceed  two  years.  No  child  can  be  committed  after  he  is  seven- 
teen years  of  age. 

If  the  persons  in  parental  relation  to  the  child   refuse  their 


194  NEW  YORK  SCHOOL  LAW 

consent,  the  child  may  be  proceeded  against  as  a  disorderly  per- 
son, and,  upon  conviction,  must  be  sentenced  to  be  confined  and 
maintained  for  the  remainder  of  the  current  school  year  either 
in  a  truant  school  or  in  a  private  school,  an  orphans'  home,  or 
similar  institution. 

An  habitual  truant  or  a  child  who,  being  subject  to  the  com- 
pulsory education  law,  has  been  lawfully  suspended  or  expelled 
from  school,  and  is  not  receiving  equivalent  instruction  else- 
where, is  declared  to  be  an  ungovernable  child.  Any  such  child 
may  be  apprehended  by  a  truant  ofBcer  of  the  school  district  or 
city  where  the  child  resides,  or  by  any  peace  officer,  and  brought 
before  a  police  magistrate  having  jurisdiction.  Notice  shall 
thereupon  be  given  to  the  child's  parent,  guardian,  or  other  per- 
son standing  in  parental  relation  to  the  child,  and  upon  the  sub- 
mission of  satisfactory  proof  that  the  child  is  an  habitual  truant 
or  that,  being  subject  to  the  compulsory  education  law,  he  has 
been  lawfully  suspended  or  expelled  from  school  and  is  not 
receiving  instruction  elsewhere,  the  magistrate  may  commit  such 
child  to  a  truant  school  maintained  by  such  district  or  city,  or,  if 
no  such  truant  school  is  maintained,  to  a  private  school,  orphans' 
home,  or  other  similar  institution  if  there  be  one,  controlled  by 
persons  of  the  same  religious  faith  as  the  persons  in  parental 
relation  to  such  child,  which  is  willing  and  able  to  receive,  con- 
fine and  maintain  such  child  for  a  reasonable  compensation. 

No  person  convicted  of  crimes  or  misdemeanors  other  than 
truancy  may  be  committed  to  any  truant  school. 

No  truant  may  be  committed  to  a  penal  institution. 

Expenses  of  Commitment  —  Where  Chargeable. —  The  city  or 

district  employing  a  superintendent  of  schools  must  pay  the 
expense  attending  the  commitment  and  cost  of  maintenance  of 
any  child  committed  by  them  to  a  truant  school. 

In  all  other  cases  such  expense  and  costs  are  a  county  charge. 

Industrial  Training. —  In  every  truant  school  established  in- 
dustrial training  must  be  furnished. 

Excuses  for  Absence  and  Tardiness  Required. —  The  State 
Commissioner  of  Education  has  ruled  that  the  person  in  parental 
relation  to  every  child  subject  to  the  provisions  of  the  compulsory 


COMPULSORY    EDUCATION,    ETC.  194a 

attendance  law  may  be  required  to  furnish  a  satisfactory  explana- 
tion for  absence  or  tardiness,  and  has  held  that  sickness  of  the 
child,  sickness  in  the  family  requiring  the  services  of  the  child 
for  a  day  or  two  until  other  help  may  be  obtained,  severe  storm 
or  impassable  roads,  contagious  disease  in  the  family  or  the 
community  where  child  resides,  days  set  apart  for  religious 
observance,  or  death  in  the  family,  shall  be  deemed  the  only 
ordinary  excuse  for  such  absence  or  tardiness. 

Assistants. —  The  Commissioner  of  Education  has  authority  to 
appoint  as  many  inspectors  for  the  enforcement  of  this  law  as 
he  shall  deem  necessary  provided  the  Legislature  has  made  pro- 
vision for  the  payment  of  their  salaries.  The  attendance  division 
has  general  charge  of  this  work. 

Withholding  State  Funds. —  The  Commissioner  of  Education 
has  authority  to  withhold  one-half  of  the  public  school  money 
from  any  city  or  district  which  wilfully  omits  or  refuses  to 
enforce  the  provisions  of  this  act.  Before  this  power  is  exer- 
cised, due  notice  must  be  given  to  such  city  or  school  district 
authorities.  When  such  city  or  district  complies,  within  a  period 
of  twelve  months  after  such  money  was  withheld  with  any  pro- 
vision of  law  which  may  not  have  been  enforced,  and  for  non- 
compliance with  which  any  money  has  been  withheld,  the  Com- 
missioner of  Education  shall  pay  over  to  the  authorities  of  such 
city,  town  or  district  the  amount  so  withheld. 


EMPLOYMENT   OF   CHILDREN    IN    STREETS 

[Article  22-A  of  the  Education  Law  as  added  by  L.   1921,  ch.  21 ;   formerly 
Article  15  of  the  Labor  Law.] 

Authority  to  Enforce. —  The  police  officers,  and  the  attendance 
officers  appointed  by  the  board  of  education,  in  cities  of  the  first, 
second  and  third  class  are  peace  officers  under  this  article  and 
are  charged  with  the  duty  of  its  enforcement. 

Prohibited  Employment  of  Children  in  Street  Trades. —  No 

boy  under  twelve  and  no  girl  under  sixteen  years  of  age  has  a 
legal  right  in  any  city  of  the  first,  second  or  third  class  to  sell  or 


194^  NEW   YORK   SCHOOL  LAW 

expose  or  offer  for  sale  newspapers,  magazines  or  periodicals  in 
any  street  or  public  place.  No  boy  under  fourteen  years  of  age 
has  a  legal  right  to  sell  or  expose  or  offer  for  sale  such  articles 
unless  he  has  received  a  permit  and  badge  authorizing  him  to 
engage  in  such  employment.  No  boy  having  such  badge  can 
be  employed  in  such  business  before  six  o'clock  in  the  morning 
or  after  eight  o'clock  in  the  evening. 

Issuance  of  Permit  and  Badge. —  Such  permit  and  badge  are 

issued  by  the  superintendent  of  schools  of  the  city  or  school  dis- 
trict in  which  such  child  resides,  or  by  such  other  officer  of  the 
board  of  education  as  such  board  may  designate.  The  applica- 
tion for  such  permit  and  badge  must  be  made  by  the  parent, 
guardian  or  other  person  having  the  custody  of  the  child  desir- 
ing it.  If  the  child  has  no  such  relative  the  application  must  be 
made  by  the  child's  next  friend,  being  an  adult.  Before  an 
authorized  of^cer  issues  such  badge  he  must  have  received, 
examined  and  placed  on  file  in  his  ofBce  satisfactory  proof  that 
such  boy  is  of  the  age  of  twelve  years  or  upv.-ards.  He  must  also 
have  a  written  statement  of  the  principal  or  chief  executive 
officer  of  the  school  which  such  boy  is  attending,  that  he  is  an 
attendant  at  such  school,  that  he  is  of  the  normal  development  of 
a  boy  of  his  age  and  physically  fit  for  such  employment  and  that 
he  approves  of  the  granting  of  such  permit  and  badge  to  such 
boy. 

List  of  Boys  Receiving  Permit  and  Badge. —  Principals  and 
chief  executive  officers  of  schools  must  keep  a  complete  list  of 
all  children  in  their  schools  to  whom  a  permit  and  badge  have 
been  issued. 

Contents  of  Permit  and  Badge. —  The  permit  must  show  the 
date  and  place  of  birth  of  the  child,  the  name  and  address  of  its 
parent,  guardian,  custodian  or  next  friend  as  the  case  may  be. 
It   must   describe   the   color   of   hair   and    eyes,   the   height   and 


COMPULSORY    EDUCATION,    ETC.  I94C 

weight,  and  any  distinguishing  facial  mark  of  the  boy  receiving 
it.  It  must  also  state  that  the  preliminary  papers  requisite  to  its 
issuance  have  been  duly  examined  and  filed  and  that  the  boy 
named  in  such  permit  has  appeared  before  the  officer  who  issued 
it.  The  badge  shall  bear  on  its  face  a  number  corresponding  to 
the  number  of  the  permit  and  the  name  of  the  child.  The  boy 
must  write  his  name  on  the  reverse  side  of  the  permit  and  badge 
in  the  presence  of  the  officer  issuing  it. 

Regulations  Concerning  Badge  and  Permit. —  The  badge  must 
be  worn  conspicuously  at  all  times  by  the  boy  while  so  working 
and  he  shall  exhibit  the  same  upon  demand  at  any  time  to  any 
police  or  attendance  officer.  No  badge  or  permit  may  be  trans- 
ferred. All  permits  and  badges  expire  annually  upon  the  first 
day  of  January.  The  color  of  the  badge  must  be  changed  each 
year.  No  permit  or  badge  is  valid  except  during  the  period  in 
which  the  proof  and  written  statement  requisite  to  its  issuance 
shall  remain  on  file  nor  are  they  authority  beyond  the  period 
fixed  therein  for  their  duration. 

Summer  Vacation  Permit. —  Section  140  of  the  Labor  Law 
regulates  the  issuance  of  summer  vacation  permits. 

For  Whom  Issued. —  A  child  between  fourteen  and  sixteen 
years  of  age  may  be  employed  during  July  and  August  in  a  city 
or  village,  in  or  in  connection  with  a  mercantile  establishment 
or  business  office,  if  his  prospective  employer  obtains  a  summer 
vacation  permit. 

When  to  be  Issued. —  A  summer  vacation  permit  shall  be  issued 
and  forwarded  by  mail  to  the  prospective  employer  by  an  officer 
authorized  to  issue  employment  certificates:  (a)  upon  compli- 
ance with  the  provisions  of  sections  132  to  one  137  of  the  Labor 
Law,  inclusive,  except  that  in  place  of  a  school  record  there  shall 
be  filed  a  certificate  of  attendance  issued  in  the  manner  provided 


I94d  NEW  YORK   SCHOOL  LAW 

in  section  135  and  showing  that  the  child  has  regularly  attended 
the  public  schools  or  schools  equivalent  thereto  or  parochial 
schools  for  not  less  than  one  hundred  and  thirty  days  during  the 
twelve  months  next  preceding  his  fourteenth  birthday  or  the 
application  for  such  permit;  and  (b)  upon  the  receipt  and  filing 
of  a  statement  signed  by  the  prospective  employer  or  his  author- 
ized agent,  showing  that  he  will  give  the  child  present  employ- 
ment, and  the  character  of  the  work  to  be  performed. 

Contents. —  In  addition  to  the  contents  prescribed  for  an  em- 
ployment certificate,  the  summer  vacation  permit  shall  difiPer  in 
size  and  color  and  shall  contain  the  name  of  the  employer,  the 
address  at  which  the  child  is  to  be  employed  and  shall  bear  across 
its  face  the  following  words  in  red  ink :  "  Summer  vacation 
permit  —  good  only  from  Just  first  until  August  thirty-first, 
inclusive." 

Return  of  Permit. —  An  employer  shall  return  by  mail  a  sum- 
mer vacation  permit  to  the  issuing  officer  within  three  days  after 
its  receipt,  if  the  child  for  whom  it  was  granted  is  not  employed; 
or  within  three  days  after  termination  of  the  employment ;  or 
within  three  days  after  August  thirty-first  if  the  child  is  em- 
ployed until  then. 

Neiv  Permit. —  A  child  whose  summer  vacation  permit  has 
been  returned  may  have  a  new  permit  issued  to  a  prospective 
employer  upon  presentation  of  a  statement  from  the  latter  as 
hereinbefore  provided,  and  after  a  re-examination  showing  the 
child  to  be  physically  fit  to  perform  the  work  for  which  the  new 
permit  is  requested. 

Preservation  of  Permit. —  The  board  or  department  of  health 
shall  file  and  preserve  for  one  year,  each  summer  vacation  permit 
returned  to  it. 


COMPULSORY  EDUCATION,  ETC.  195 

Attendance  of  Illiterate  Minors. —  Under  the  provisions  of 
chapter  415  of  the  Laws  of  1918,  illiterate  minors  between  six- 
teen and  twenty-one  years  of  age  are  required  to  attend  upon 
instruction.  This  chapter  added  a  new  section  to  the  Education 
Law,  which  reads  as  follows : 

§  637.  Attendance  of  Illiterate  Minors. —  i.  Every  minor,  be- 
tween sixteen  and  twenty-one  years  of  age,  who  does  not  possess 
such  ability  to  spreak,  read  and  write  the  English  language,  as  is 
required,  for  the  completion  of  the  fifth  grade  of  the  public  or 
private  schools  of  the  city  or  school  district  in  which  he  resides, 
shall  attend  some  day  or  evening  school  or  some  school  main- 
tained by  an  employer  as  hereinafter  provided  in  subdivision  six 
of  this  act,  in  the  city  or  district  in  which  he  resides  throughout 
the  entire  time  such  school  is  in  session;  provided  that  no  such 
minor  be  required  to  attend,  if  the  commissioner  of  health,  or  the 
executive  officer  of  the  board  or  department  of  health  of  the  city, 
town,  village  or  district,  where  such  minor  resides,  or  an  officer 
thereof  designated  by  such  board,  department  or  commissioner 
shall  deem  such  minor  to  be  physically  or  mentally  unfit  to 
attend. 

2.  Any  minor  subject  to  the  provisions  of  this  section,  who 
willfully  violates  any  provisions  of  this  section,  shall  be  punished 
by  a  fine  of  not  exceeding  five  dollars. 

3.  Every  person  having  in  his  control  any  minor  subject  to  the 
provisions  of  this  section  shall  cause  such  minor  to  attend  a 
school  as  hereby  required;  and  if  such  person  fails  for  six  ses- 
sions within  a  period  of  one  month  to  cause  such  minor  to  so 
attend  school,  unless  the  commissioner  of  health  or  the  executive 
officer  oi  the  board  or  department  of  health  of  the  city,  town,  vil- 
lage or  district  where  such  minor  resides  or  an  officer  thereof 
designated  by  such  board,  department  or  commissioner  shall  cer- 
tify that  such  minor's  physical  or  mental  condition  is  such  as  to 
render  his  attendance  at  school  harmful  or  impracticable,  such 


19^  NEW  YORK  SCHOOL  LAW 

person   shall,   upon  complaint  by  a   truant  officer  and   conviction 
thereof,  be  punished  by  a  line  of  not  more  than  twenty  dollars. 

4.  Whoever  induces  or  attempts  to  induce  such  minor  to  absent 
himself  unlawfully  from  school  or  employs  such  minor  except  as 
is  provided  by  law,  or  harbors  such  who,  while  school  is  in  session, 
is  absent  unlawfully  therefrom,  shall  be  punished  by  a  fine  or  not 
more  than  fifty  dollars. 

5.  The  employer  of  any  minor  subject  to  the  provisions  of  this 
section  shall  procure  from  such  minor  and  display  in  the  place 
where  such  minor  is  employed  the  weekly  record  of  regular  at- 
tendance upon  a  school  and  it  shall  be  unlawful  for  any  person  to 
employ  any  minor  subject  to  the  provisions  of  this  section  until 
and  unless  he  procures  and  displays  said  weekly  record  as  herein 
provided.  It  shall  be  the  duty  of  the  teacher  or  principal  of  the 
school  upon  which  he  (such  minor)  attends  to  provide  each  week 
such  minor  with  a  true  record  of  attendance. 

6.  Any  employer  may  meet  the  requirements  of  this  act  by  con- 
ducting a  class  or  classes  for  teaching  English  and  civics  to  foreign- 
born  in  shop,  store,  plant  or  factory,  under  the  supervision  of  the 
local  school  authorities,  and  any  minor  subject  to  the  provisions 
of  this  act  may  satisfy  the  requirement  by  attendance  upon  such 
classes. 

Certificates  of  Principals  or  Teachers. —  Certificates  issued  by 
any  principal  or  teacher  of  schools  as  to  the  attendance  or  non- 
attendance  of  any  person  who  should  attend  such  school  shall  be 
presumptive  evidence  of  the  facts  therein  stated.  (Added  by  L. 
19 19,  ch.  303.) 

REVIEW   QUESTIONS 

When  was  the  present  compulsory  attendance  law  enacted?  What  com- 
pulsory act  preceded  this?  Why  was  it  not  enforced?  Define  "school 
authorities,"  "persons  in  parental  relation  to  a  child." 

Into  how  many  classes  in  respect  to  age  may  children  be  arranged  who 
are  required  to  attend  upon  instruction?  Define  each  class.  Why  is  the 
term  "attend  upon  instruction"  used  instead  of  "attend  school?"  What 
period  of  instruction  is  required  of  each  class?  What  must  be  the  character 
of  the  attendance?  When  must  children  between  14  and  16  years  of  age 
attend  upon  instruction?  Must  the  attendance  be  at  a  public  school?  Where 
may  it  be?  Where  children  are  instructed  elsewhere  than  at  a  public  school, 
what  must  be  the  character  of  such  instruction?  The  daily  period  of 
instruction?     What  about  allowance  of  holidays,  etc.? 


REVIEW  QUESTIONS  I97 

What  is  the  duty  of  persons  in  parental  authority?  When  is  a  parent  or 
guardian  guilty  of  a  misdemeanor?  What  is  the  penalty  for  the  first  offense? 
Each  subsequent  offense?  When  fines  are  collected  to  whom  should  they 
be  paid?  What  must  a  school  record  certificate  show?  By  whom  is  it 
issued?  When  is  a  boy  entitled  to  a  vacation  employment  certificate?  By 
whom  are  such  certificates  issued?  How  must  such  certificate  be  filed? 
When  is  it  unlawful  to  employ  children  under  14  years  of  ago?  By  whom 
must  a  certificate  of  attendance  be  signed?  What  is  the  penalty  for  unlawful 
employment  of  children? 

What  record  of  attendance  must  teachers  keep?  Wliat  must  such  record 
show?  Are  the  teachers  of  private  schools  and  those  employed  in  homes  of 
children  required  to  keep  such  record?  To  whom  should  this  record  le 
open  to  inspection?  What  is  the  penalty  imposed  upon  teachers  who  refuse 
to  answer  reasonable  inquiries  relative  to  such  records? 

For  what  school  districts  do  the  school  authorities  appoint  attendance 
officers?  How  many  may  they  appoint?  Who  determines  the  compensation 
of  such  officers?  By  whom  may  they  be  removed?  Who  is  charged  with 
the  duty  of  enforcing  the  law  in  such  districts  or  cities? 

For  what  districts  may  town  boards  appoint  attendance  ofticers?  How 
many?  Who  fixes  their  compensation?  What  is  their  jurisdiction?  May 
town  boards  in  appointing  such  officers  limit  their  jurisdiction  to  certain 
school  districts?  Are  trustees  eligible  to  hold  this  office?  Who  may 
remove  these  officers  from  office?  What  authority  have  attendance  officers 
to  arrest  truants?  When  a  truant  is  arrested  what  must  the  ofticer  do 
with  such  truant?  After  such  arrest  what  report  must  the  attendance 
officer  make?  To  whom?  How  may  truant  schools  be  established?  What 
three  classes  of  pupils  may  be  confined  in  such  schools?  What  power  have 
school  authorities  to  contract  for  the  confinement  and  maintenance  of  tru- 
ants? With  the  written  consent  of  the  parents  or  guardian,  where  may  a 
truant  be  committed?  When  the  person  in  parental  authority  refuses  to 
consent,  what  action  should  be  taken?  What  persons  cannot  be  committed 
to  truant  schools?  When  is  the  expense  of  such  commitment  a  city  or 
village  charge?  When  a  county  charge?  What  instruction  must  be  given 
in  all  truant  schools? 

What  is  the  ruling  of  the  Commissioner  of  Education  as  to  what  con- 
stitutes a  satisfactory  excuse  for  absence  or  tardiness?  What  help  may 
the  Commissioner  of  Education  employ  to  assist  in  enforcing  this  law? 
When  may  the  Commissioner  of  Education  withhold  public  money  from 
a  district?  What  portion  may  be  withheld?  What  action  must  be  taken 
first?  When  must  the  Commissioner  of  Education  pay  over  moneys  thus 
withheld? 

Who  are  charged  with  the  duty  of  enforcing  the  law  relative  to  employ- 


198  NEW    YORK    SCHOOL   LAW 

mcnt  of  newsboys?  What  are  the  prohibitive  ages  of  employment?  On 
what  conditions  may  a  boy  between  12  and  14  years  of  age  be  employed? 
Between  what  hours  can  he  not  be  employed?  By  whom  are  permits  and 
badges  issued?  By  whom  must  the  application  be  made?  What  written 
statement  must  be  first  obtained?  Who  is  required  to  keep  a  list  of  boys 
receiving  them?  State  fully  contents  v.'hich  permit  must  contain.  Badge? 
For  what  time  are  permit  and  badge  valid?  On  what  date  do  they  expire? 
State  fully  the  other  regulations  concerning  them. 

What  are  vacation  permits?  To  whom  and  under  what  circumstances 
issued?  What  provision  is  made  for  the  instruction  of  illiterate  minors? 
What  attendance  is  required?     Penalties? 


CHAPTER  XXI 

SCHOOL  CENSUS 

[Article  24] 

Bureau  in  New  York  City. —  In  a  city  having  a  population  of 
1,000,000  or  more  there  shall  be  a  bureau  of  compulsory  educa- 
tion, school  census  and  child  welfare.  Said  bureau  shall  consist 
of  a  director,  an  assistant  director,  a  chief  attendance  officer,  and 
such  other  supervisors,  attendance  officers,  enumerators,  clerks 
and  other  employees  as  may  be  necessary  to  carry  out  the  pro- 
visions of  articles  22,  27,  and  24  of  the  Education  Law,  and  to 
perform  other  and  related  duties  imposed  by  the  provisions  of 
any  other  statutes  or  requirements  of  the  board  of  education. 
Attendance  officers  and  supervising  attendance  officers  of  every 
grade  shall  be  appointed  from  eligible  lists  prepared  in  the  same 
manner  and  by  the  same  authority  as  are  eligible  lists  for 
teachers  and  subjects  likewise  to  the  provisions  of  section  872  as 
to  tenure  of  office;  but  an  eligible  list  for  attendance  officers  in 
existence  when  this  act  takes  effect  shall  be  exhausted  before 
nominations  are  made  from  an  eligible  list  subsequently  estab- 
lished. Those  persons  who  as  the  result  of  appointment  or 
assignment  are  serving  in  any  of  the  positions  hereinbefore 
described  when  this  act  goes  into  effect  shall  hold  their  respective 
positions  during  good  behavior  and  efficient  and  competent 
service  and  shall  not  be  removable  except  for  cause  after  a  hear- 
ing by  a  majority  vote  of  the  board  of  education.  The  director 
of  said  bureau  shall  have  power  to  commit  and  parole  truant  and 
delinquent  children  in  the  manner  provided  by  section  635  of  the 
Education  Law  but  this  authority  may  be  delegated  in  his 
absence  or  disability  as  the  board  of  education  shall  provide. 
The  superintendent  of  schools  shall  have  general  supervision  of 
the  bureau  of  compulsory  education,  school  census  and  child 
welfare. 

199 


200  XEW    YORK    SCHOOL    LAW 

Census  Board  in  Buffalo  and  Rochester. —  The  mayor,  the 
superintendent  of  schools  and  the  police  commissioner,  or  the 
officer  performing  the  duties  similar  to  those  of  a  police  com- 
missioner, constitute  a  permanent  census  hoard  in  the  cities  of 
Bufifalo  and  Rochester. 

Officers  of  Such  Board. —  The  mayor  is  the  chairman  of  such 
hoard.  The  Ixjard  also  has  the  power  to  appoint  a  secretary 
and  such  clerks  and  other  employees  as  may  be  necessary  and 
to  fix  their  salaries. 

Census  Required. —  The  census  board  is  required  to  prescribe 
regulations  to  make  effective  the  census  law  and  under  such 
regulations  the  police  commissioners  were  recpiired  to  cause  a 
census  to  be  taken  in  their  respective  cities  during  the  month 
of  October,  1909.  The  census  boards  are  required  to  obtain 
through  the  police  force  the  residences  and  employments  of  all 
persons  between  the  ages  of  four  and  eighteen  years  and  to 
report  thereon  from  time  to  time  to  the  school  authorities  of 
their  respective  cities.  After  the  census  of  October,  1909,  was 
taken  it  became  the  duty  of  the  census  board  to  cause  the  same 
to  be  amended  from  day  to  day.  It  is  the  duty  of  the  police 
to  report  daily,  precinct  by  precinct,  changes  of  residence  which 
occur  among  the  children  between  the  ages  of  four  and  eighteen. 
The  police  should  likewise  report  daily  the  names  and  addresses 
of  all  children  between  such  ages  who  move  into  the  city.  The 
census  board  should  therefore  always  have  on  file  in  its  office 
a  complete  list  of  the  names,  addresses,  occupations  and  persons 
in  parental  relation,  of  all  persons  between  the  ages  of  four  and 
eighteen.  While  the  law  makes  it  the  duty  of  the  police  to 
make  daily  reports  and  to  take  the  permanent  census  required 
under  the  law,  the  census  board  may  employ  such  enumerators 
or  other  help  as  may  be  necessary  to  carry  into  effect  the  pro- 
visions of  the  law.  It  should  also  be  understood  that  while 
parents  are  required  to  report  certain  data  to  the  police  a  failure 
on  the  part  of  parents  to  make  such  report  does  not  relieve  the 
police  or  the  census  board  from  obtaining  this  data.  The  burden 
of  the  enforcement  of  this  law  is  placed  primarily  upon  the 
census  board,  and  also  upon  the  police,  and  this  board  and  the 
police  must  obtain  all  information  necessary  to  keep  the  census 
properly  revised  from  day  to  day. 

Parents  Required  to  Report. — A   person   in   parental   relation 


SCHOOL    CENSUS  20I 

to  a  child  is  required  to  report  at  the  police  station  house  of  the 
precinct  in  which  he  resides  the  following: 

1.  The  name  of  each  child,  its  residence,  the  name  of  the 
person  in  parental  relation  thereto  and  the  name  and  location  of 
the  school  such  child  is  to  attend  at  least  two  weeks  before  such 
child  becomes  of  the  compulsory  school  age. 

2.  The  facts  relating  to  the  removal  of  a  child  of  compulsory- 
school  age  from  one  school  to  another,  for  any  cause  whatever, 
and  of  a  child  going  to  work  in  accordance  with  the  provisions 
of  the  labor  law. 

3.  The  change  of  residence  of  a  child  from  one  police  pre- 
cinct to  another  and  such  other  facts  relating  to  such  child  as 
required  by  the  two  previous  subdivisions. 

4.  The  residence  of  a  child  between  four  and  eighteen  Avho 
moves  into  such  city  and  such  other  facts  relating  thereto  as  the 
census  board  may  require. 

Census  in  Cities  of  the  Second  and  Third  Class. —  Under  an 
amendment  to  the  census  law  by  the  Legislature  of  1917  the  school 
authorities  of  cities  of  the  second  and  third  class  are  no  longer 
required  to  take  a  census  of  the  children  of  the  city  every  four 
years.  This  amendment  to  the  Education  Law  provides  that  the 
board  of  education  of  each  city  of  the  second  class  and  of  the  third 
class  shall  constitute  a  permanent  census  board.  This  board  is 
required  to  take  a  census  of  all  children  between  the  ages  of  four 
and  eighteen  years  of  age  in  its  city.  This  census  must  be  amended 
from  day  to  day  so  that  there  shall  always  be  on  file  in  the  office  of 
said  board  of  education  a  complete,  up-to-date  census,  including  all 
the  census  information  required  of  cities  of  the  first  class  and  such 
additional  information  as  the  board  of  education  may  require  under 
its  regulations.  The  board  of  education  of  these  cities  becomes  a 
permanent  census  board  and  is  required  to  establish  a  census  bureau. 
The  board  must  appoint  such  directors,  clerks,  enumerators,  attend- 
ance officers,  etc.,  as  may  be  necessary  to  keep  an  up-to-date  census 
as  required  under  the  law. 

School  Census  in  School  Districts. —  The  trustee  or  board  of 
trustees  of  every  school  district  shall  annually  on  the  thirtieth  day  of 
August  cause  a  census  of  all  children  between  the  ages  of  five  and 
eighteen  to  be  taken  in  duplicate  in  their  respective  school  districts, 
and  one  copy  thereof  filed  with  the  teacher  on  the  first  day  of 
school  and  the  other  copy  filed  with  the  district  superintendent  on 
or  before  the  fifteenth  day  of  September.  Such  census  shall  include 
the  information  required  from  cities  as  provided  in  this  article.  (See 
L.  1919,  ch.  100,  amending  §  652  of  the  Education  Law.) 


202  NEW    YORK    SCHOOL    LAW 

Withhold  Information  or  Giving  False  Information. — A  parent, 

guardian,  or  other  person  having  the  control  of  a  child  between 
the  ages  of  four  and  eighteen  years  who  withholds  or  refuses 
to  give  information  in  relation  to  such  child  as  required  under 
the  census  law,  or  a  parent,  guardian  or  other  person  in  custody 
of  a  child  who  gives  false  information  in  relation  thereto  is  liable 
to  a  fine  not  to  exceed  twenty  dollars  and  imprisonment  not  to 
exceed  thirty  days. 

Expenses  of  Census. —  The  expense  involved  in  taking  a  census 
required  under  this  law  is  a  charge  upon  the  city,  town  or  school 
district  for  which  it  is  taken.  It  is  the  duty  of  municipal  author- 
ities to  appropriate  or  set  apart  sufficient  funds  for  this  work. 
The  census  board  in  a  city  should  file  annually  with  the  proper 
municipal  authorities  an  estimate  of  the  amount  required  for 
such  work.  A  board  of  education  should  include  in  its  annual 
budget  a  sufficient  amount  for  this  purpose. 

REVIEW  QUESTIONS 

How  is  the  census  board  for  New  York  City  organized?  Who  are 
eligible  to  the  office  of  director  or  assistant  director?  What  are  their  terms 
of  office?  What  powers  has  the  bureau?  State  fully  the  powers  and  duties 
of  the  bureau  for  New  York  City.  Who  constitute  a  census  board  for 
Buffalo  and  for  Rochester?  Who  is  chairman  of  the  census  board?  What 
other  officers  does  such  board  have?  How  are  such  officers  chosen?  Who 
fixes  their  salaries?  What  regulations  may  such  board  prescribe?  In  what 
year  was  a  complete  census  to  be  taken?  What  officer  was  charged  with 
this  dut\'?  What  information  is  the  census  board  required  to  obtain? 
Through  what  officers  is  this  information  obtained?  To  whom  must  the 
census  board  make  reports?  Explain  how  the  census  of  1909  is  to  be 
amended.  What  is  tlie  duty  of  the  police  in  this  respect?  What  should  the 
census  office  always  contain  ?  Must  the  census  board  rely  solely  upon  the 
police  to  do  the  work  required?  If  parents  fail  to  perform  their  duty,  what 
is  the  duty  of  the  census  board? 

To  v.hom  must  parents  make  reports?  State  the  four  points  upon  which 
they  must  report.  How  is  the  board  constituted  ?  What  are  the  powers  and 
duties  of  such  board? 

Who  are  required  to  take  a  census  in  school  districts?  How  often?  On 
what  date?  With  whom  are  copies  of  census  filed;  when?  What  informa- 
tion must  be  obtained?  What  penalty  is  prescribed  for  refusing  to  give  or 
withholding  any  information  required,  or  for  giving  false  information?  Who 
pays  the  expenses  incurred  in  taking  this  census?  How  are  the  funds 
obtained  in  a  city?     In  a  school  district? 


CHAPTER    XXII 

MEDICAL  INSPECTION,  VACCINATION,   PHYSICAL  TRAINING, 

[Article  20-A] 

MEDICAL   INSPECTION 

General. —  The  Legislature  of  1913  enacted  a  medical  inspec- 
tion law,  which  applies  to  each  school  district  and  city  of  the 
State,  except  cities  of  the  first  class. 

Under  the  terms  of  this  act,  the  power  to  superintend  and 
direct  the  medical  inspection  in  pu'blic  schools  is  the  school 
authorities.  The  health  authorities  no  longer  possess  jurisdic- 
tion in  relation  to  this  subject.  The  law  is  mandatory,  and 
makes  it  the  duty  of  boards  of  education  and  trustees  to  appoint 
necessary  medical  inspectors  and  nurses,  and  to  see  that  this 
law  is  properly  enforced. 

Medical  Inspectors. —  Persons  appointed  medical  inspectors 
under  this  law  must  be  physicians,  licensed  to  practice  in  the 
State,  and  who  have  had  at  least  two  years  such  practice.  A 
medical  inspector  for  a  district  outside  a  city  is  not  required  to  be 
a  resident  of  suoh  district. 

The  nurses  authorized  under  this  law  must  be  registered 
nurses,  and  licensed  to  practice  as  such. 

The  law  requires  the  board  of  education  of  each  city  to  appoint 
at  least  one  medical  inspector,  and  such  additional  inspectors  as 
may  be  necessary  for  the  proper  enforcement  of  the  law.     Such 

203 


204  NEW    YORK    SCHOOL   LAW 

board  may  also  appoint  as  many  school  nurses  as  may  be 
necessary. 

In  a  union  free-school  district  the  board  is  required  to  appoint 
one  medical  inspector.  If  such  district  has  a  population  which 
exceeds  5,000,  the  board  may  appoint  as  many  additional  in- 
spectors as  are  necessary  to  perform  the  work.  The  board  may 
also  appoint  such  number  of  nurses  as  may  be  necessary  to  do 
proper  follow-up  work  and  otherwise  supplement  the  work  of  the 
medical  inspector. 

Health  Certificate. —  When  school  opens,  or  within  thirty  days 
thereafter,  each  pupil  may  present  a  health  certificate  issued  by  a 
physician  of  the  parents'  selection.  If  such  certificate  is  not  pre- 
sented within  this  time,  the  principal  teacher  should  notify  the 
parents  of  those  pupils  who  have  failed  to  present  such  certificate 
that  if  a  certificate  is  not  furnished  within  an  additional  thirty 
days,  at  the  expiration  of  such  period  an  examination  of  the  pupils 
will  be  made  by  the  medical  inspector. 

If  a  pupil  fails  to  present  the  health  certificate  within  this  time, 
the  medical  inspector  should  then  make  an  examination  of  the 
pupil. 

This  health  certificate  must  be  issued  by  a  physician  licensed 
to  practice  medicine  in  this  State,  and  on  an  examination  made 
by  such  physician  not  more  than  thirty  days  prior  to  the  date 
when  the  certificate  is  presented  at  school. 

These  certificates  should  be  retained  in  the  school  building  until 
the  close  of  school  at  the  end  of  the  school  year,  and  should  then 
be  filed  with  the  district  clerk.  In  cities  such  certificates  should 
be  filed  with  the  Superintendent  of  Schools. 

The  expense  of  the  examination  of  a  pupil  when  made  by  the 
family  physician  must  be  paid  by  the  parent,  and  may  not  be 
made  a  charge  against  the  city  or  district.  When  the  examina- 
tion is  made  by  the  medical  inspector,  no  charge  may  be  made 
against  the  parent. 


MEDICAL    INSPECTION,    VACCINATION,    ETC.  205 

The  law  provides  that  a  parent  may  waive  his  rights  to  furnish  a 
health  certificate,  and  in  such  case  the  medical  inspector  having 
jurisdiction  may  make  the  required  examination  without  waiting 
the  sixty  days  required  under  the  law. 

Eye  and  Ear  Tests. —  The  school  authorities  are  required  to 
make  a  test  of  the  eyes  and  ears  of  each  pupil  at  least  once  a  year. 
These  tests  should  be  made  under  the  general  guidance  of  the 
medical  inspectors  and  nurses,  but  teachers,  may  be  called  upon  to 
assist. 

Pupils  who  present  health  certificates  are  not  exempt  from  these 
tests  by  the  school  authorities. 

When  an  examination  of  the  eyes  or  ears  of  a  pupil  discloses  a 
defect  in  these  organs,  such  additional  tests  should  be  made  from 
time  to  time  as  the  pupil's  condition  may  require. 

Medical  Treatment  for  Children. —  W  hen  an  examination  of 
a  child  by  a  medical  inspector  reveals  a  defect  or  disability  which 
is  an  impediment  to  the  normal  or  physical  development  of  such 
child,  the  principal,  or  teacher,  of  the  school  should  notify  the 
parent  of  this  defect  or  disability.  It  is  then  the  duty  of  the 
Iiarent  to  provide  the  relief  or  treatment  which  the  child  should 
receive. 

If  the  parent  fails  to  provide  such  relief  or  treatment,  or  if  he 
is  not  financially  able  to  supply  such  relief  or  treatment,  it  then 
becomes  the  duty  of  the  school  authorities  to  provide  the  relief  or 
treatment  at  the  expense  of  the  city  or  district.  School  authorities 
sliould  insist  in  every  case  that  a  parent,  if  possible,  shall  provide 
such  treatment  as  his  child  requires.  The  school  authorities  should 
know  in  every  case  v^here  assistance  is  given  that  the  parent  is 
positively  unable  to  meet  the  expense  himself. 

A  medical  inspector  should  not  incur  any  expense  in  providin,c; 
medical  relief  or  treatment  for  a  child,  until  an  appropriation  for 
such  expense  has  been  duly  authorized  by  the  school  authorities  of 
the  city  or  district.  These  authorities  may  provide  for  meeting  this 
expense  from  the  contingent  fund,  or  any  general  funds  which  have 
not  been  authorized  for  a  specific  purpose. 

A  medical  inspector  cannot  furnish  pupils  relief  or  treatment, 
and  receive  compensation  therefor,  and  a  medical  inspector  should 
not  refer  children  needing  relief  or  treatment  to  any  particular 
physician,  but  parents  should  always  be  advised  to  take  their  chil- 
dren to  their  family  physicians  for  such  treatment  as  may  be  needed. 


2o6  NEW    YORK    SCHOOL    LAW 

Exclusion  of  Pupils  from  School. —  Whenever  a  pupil  in  a 
public  school  shows  symptoms  of  smallpox,  scarlet  fever,  measles, 
chickenpox,  tuberculosis,  diphtheria,  influenza,  tonsilitis,  whooping- 
cough,  mumps,  scabies,  trachoma,  or  other  communicable  disease 
he  must  be  excluded  from  the  school. 

The  school  authorities  should  immediately  take  such  pupil  to 
his  home  in  a  safe  and  proper  conveyance,  and  should  immediately 
notify  the  health  officer. 

A  puf)!!  who  has  been  absent  from  school  because  of  illness,  or 
for  unknown  cause,  may  not  be  admitted  to  school  again  until  he 
presents  a  certificate  from  the  health  officer,  family  physician,  or 
the  medical  inspector. 

Teachers,  Janitors  and  School  Buildings. —  The  law  requires 
the  medical  inspectors  to  examine  all  teachers  and  janitors  employed 
in  the  public  schools. 

It  further  provides  that  such  inspectors  shall  examine  all  school 
buildings. 

Teachers  and  janitors  may  present  a  health  certificate,  in  which 
case  they  are  exempt  from  the  examination  by  the  medical  inspector. 

Penalty .^ —  The  law^  makes  it  the  duty  of  the  Commissioner  of 
Education  to  enforce  the  provisions  of  the  medical  inspection  law, 
and  he  may,  in  his  discretion,  withhold  public  money  from  a  district, 
town  or  city  which  wilfully  refuses  or  neglects  to  enforce  this 
law. 

VACCINATION 

[Chapter  49,  Public  Health  Law,  as  amended  by  Laws  of  1915, 
Chapter  133] 

The  Court  of  Appeals  of  this  State  has  declared  that  part  of  the 
public  health  law  relating  to  the  vaccination  of  children  constitu- 
tional.   This  law  applies  to  cities  as  well  as  school  districts. 

The  Supreme  Court  of  the  United  States  also  held  that  the 
Massachusetts  law,  which  is  similar  to  the  New  York  law,  was  not 
an  infraction  of  the  United  States  Constitution.  Opinion  by  Justice 
Harlan.  Febrtiary  20.  1905. 

Unvaccinated  Children  Not  Entitled  to  Attend  School  in  Cities 
of  the  First  or  Second  Class. —  No  child  or  person  who  has  not 
been  vaccinated  shall  be  admitted  or  received  into  any  public  school 
in  a  city  of  the  first  or  second  class.    School  authorities  are  required 


MEDICAL    INSPECTION,    VACCINATION,    ETC.  207 

to  enforce  this  provision  of  the  law.  Wliile  the  enforcement  of  the 
law  is  under  the  supervision  of  the  school  authorities  it  is  incumbent 
upon  the  health  authorities  to  provide,  at  the  expense  of  the  cilv, 
for  vaccination  of  all  pupils  in  attendance  upon  the  schools  whose 
parents. or  guardians  do  not  provide  vaccination. 

Enforcement  of  Vaccination  Law  in  Cities  of  the  Third  Class 
and  in  School  Districts. —  \^accination  is  not  to  be  enforced 
against  school  children  in  cities  of  third  class  or  in  school  districts, 
unless  the  State  Commissioner  of  Health  certifies  in  writing  to  the 
school  authorities  in  charge  of  any  school  in  such  territory  that 
smallpox  exists  in  such  city  or  district,  or  in  the  vicinity  thereof. 
When  the  Commissioner  of  Health  issues  such  certificate  it  is  the 
duty  of  the  school  authorities  to  exclude  from  school  all  children 
who  do  not  furnish  a  certificate  to  the  efifect  that  they  have  been 
successfully  vaccinated  with  vaccine  virus  or  that  an  examination 
of  the  child  furnishes  evidence  by  scar  of  a  successful  previous 
vaccination.  The  enforcement  of  this  law  is  placed  upon  the 
school  authorities.  It  is  the  duty  of  the  local  board  of  health,  how- 
ever, when  school  authorities  are  enforcing  this  law,  to  provide  for 
the  vaccination  of  all  children  whose  parents  or  guardians  do  not 
provide  such  vaccination. 

Expense  of  Vaccination. —  The  expense  incurred  in  the 
vaccination  of  pupils  under  health  authorities  is  a  charge  upon  the 
municipality  in  which  the  child  or  person  vaccinated  resides. 

Method  of  Vaccination. —  Onl}-  licensed  physicians  may  per- 
form vaccination,  and  the  operation  must  be  in  such  manner  only 
as  the  State  Commissioner  of  Health  prescribes. 

Certified  Vaccine  Virus. — A  physician  is  prohilMtcd  from  using 
vaccine  virus  unless  the  same  is  produced  under  a  license  issued 
by  the  Secretary  of  the  Treasury  of  the  United  States  and  is 
accompanied  by  a  certificate  of  approval  of  the  State  Commissioner 
of  Health.  The  approval  of  the  Commissioner  of  Health  will  spec- 
ify the  period  of  time  within  which  such  vaccine  virus  may  be  used. 
It  may  not  legally  be  used  after  that  period. 

Report  of  Vaccination. —  The  Commissioner  of  Health  is  re- 
quired to  prepare  blank  forms  on  which  every  physician  performing 
vaccination  shall  make  a  report  to  the  Commissioner  within  ten 
days  after  performing  such  vaccination.  This  certificate  must  in- 
clude the  full  najne  and  age  of  the  person  vaccinated;  if  the  person 
vaccinated  is  a  minor,  the  name  and  address  of  his  parent ;  date  of 


208  NEW    YORK    SCHOOL    LAW 

vaccination  ;  date  of  previous  vaccination  ;  name  of  maker  of  vac- 
cine virus,  and  lot  or  batch  number  of  same. 

PHYSICAL  TRAINING 

General    Provisions. —  The    Legishiture    of     1916    enacted    a 

physical  training  law  reciuiring  that  all  children  in  attendance  on 
the  elementary  and  secondary  schools  above  the  age  of  eight 
years  shall  receive  as  a  part  of  the  prescribed  course  of  instruc- 
tion such  physical  training  as  the  Regents  of  the  University  shall 
require.  This  instruction  must  cover  a  period  of  at  least  twenty 
minutes  in  each  school  day.  The  Regents  are  given  general 
power  to  prescribe  regulations  to  govern  the  course  of  study  and 
the  qualifications  of  teachers. 

Powers  of  Boards  of  Education, —  The  board  of  education  of 
each  city  and  union  free-schuol  district  regularly  employing 
twenty  or  more  teachers  is  required  to  employ  one  or  more 
teachers  qualified  and  duly  licensed  to  give  instruction  in  physi- 
cal training.  The  law  further  confers  upon  trustees  and  boards 
of  education  of  two  or  more  districts  the  power  to  jointly  employ 
a  teacher  for  this  purpose.  In  every  other  district  in  the  State 
instruction  in  physical  training  must  be  given  by  the  teachers 
regularly  employed  to  give  instruction  in  other  subjects  unless  a 
special  teacher  is  employed  for  the  purpose. 

Private  Schools. —  The  provisions  of  this  law  apply  to  private 
schools  as  well  as  to  public  schools,  and  all  pupils  over  eight 
years  of  age  in  attendance  on  private  schools  must  receive  the 
same  instruction  in  physical  training  that  pupils  receive  in  the 
public  schools.  If  such  instruction  is  not  provided  in  private 
schools,  children  in  attendance  on  such  schools  are  not  to  be 
deemed  as  receiving  instruction,  under  the  compulsory  education 
law,  substantially  the  equivalent  of  the  instruction  given  in 
public  schools. 

State  Aid. —  The  State  is  required  to  apportion  to  each  district, 
town  or  city  employing  a  teacher  of  physical  training  an  amount 
equal  to  one-half  the  salary  paid  such  teacher,  provided  that  in 
no  case  shall  the  amount  exceed  $600. 

Teachers. —  No  teacher  may  be  employed  to  give  instruction 
in  physical  training  or  to  supervise  such  instruction  who  is  not 
certified  under  the  rules  of  the  Regents. 

Use  of  Armories. —  The  physical  training  may  be  given,  when 
practicable,  in  any  armory  of  the  State  where  such  armory  is 
within  convenient  distance  from  the  school,  and  at  such  times 
and  in  such  manner  as  not  to  interfere  with  the  regular  military 
uses  of  such  armory.  The  commanding  ofificer  in  charge  of  any 
such  armory  shall,  upon  application  made  by  any  board  of  edu- 


REVIEW  QUESTIU-N'S  209 

cation  or  trustees  of  the  several  cities  and  school  districts  within 
the  State,  permit  access  to  any  such  armory  for  this  purpose. 

REVIEW  QUESTIOXS 

When  was  the  medical  law  enacted?  To  what  sections  of  the  State  does 
it  apply?  Who  are  charged  with  its  enforcement?  Who  have  no  responsi- 
bilities in  its  enforcement?  Is  the  law  mandatory?  What  are  the  qualili- 
cations  of  a  medical  inspector?  Must  such  inspector  be  a  resident  of  the 
city  in  which  he  is  employed?  A  union  free-school  district  or  town?  What 
qualihcations  must  a  nurse  possess?  What  number  of  inspectors  must  be 
employed  in  each  city?  How  many  nurses?  How  many  inspectors  in  a 
union  free-school  district?  How  many  nurses?  What  is  the  requirement 
in  relation  to  appointment  of  medical  inspectors  in  a  town?     Nurses? 

When  must  pupils  present  a  health  certiticate?  What  notice  is  required? 
When  may  a  medical  inspector  examine  a  pupil?  By  whom  is  a  health 
certiticate  issued?  What  should  be  done  with  such  certificate?  When  must 
a  parent  meet  the  expense  of  an  examination  of  his  child?  When  not?  May 
a  parent  waive  his  right  to  furnish  a  health  certificate?  What  follows?  How 
often  must  the  eyes  and  ears  of  a  pupil  be  tested?  By  whom  are  such 
tests  made?  Who  may  assist?  Docs  the  presentation  of  a  health  certificate 
exempt  a  pupil  from  a  test  of  eyes  and  ears?  When  should  additional  tests 
of  these  organs  be  made?  When  important  physical  defects  are  discovered, 
what  action  should  school  authorities  take?  What  is  then  the  duty  of 
parents?  When  should  school  authorities  provide  relief  for  defects  of 
children?  What  precaution  should  be  taken?  Has  a  medical  inspector 
authority  to  incur  expenses  in  such  matters?  When  may  he?  May  a 
medical  inspector  receive  compensation  from  parents  of  children  for  the 
treatment  of  such  children?  What  advice  should  a  medical  inspector  give 
children  or  their  parents  about  consulting  physicians? 

When  should  a  pupil  be  excluded  from  school?  When  a  pupil  is  affected 
with  a  contagious  or  infectious  disease,  what  should  be  done  with  such  pupil? 
How  may  a  pupil  who  has  been  absent  from  school  by  illness  be  admitted  to 
school  again?  What  is  the  law  in  regard  to  the  examination  of  teachers, 
janitors,  etc.? 

State  the  provisions  of  the  vaccination  law  as  it  applies  to  cities  of  the  first 
class.  To  cities  of  all  other  classes  and  school  districts.  Who  is  required 
to  enforce  the  vaccination  law?  In  cities  of  the  first  class,  who  meets  the 
expense  of  children  vaccinated  by  public  authorities?  In  other  cities  and  in 
school  districts?  \\'ho  may  vaccinate?  How  must  the  operation  be  per- 
formed? What  vaccine  virus  may  be  used?  For  what  period  of  time?  What 
report  is  required? 

When  was  the  physical  training  law  enacted?  To  what  children  does  it 
apply?  What  is  the  minimum  instruction  required?  Who  is  charged  with 
the  general  administration  of  such  law?  \\  ho  prescribes  courses  of  study? 
Kegulations?  What  local  school  authorities  are  required  to  enforce  the 
physical  training  law?"  Who  must  employ  teachers  in  a  city?  Union  free- 
school  district?  What  power  has  the  Commissioner  of  Education  to  direct 
the  employment  of  teachers?  To  what  extent  does  this  law  apply  to  private 
schools?  How  does  a  failure  to  provide  such  instruction  ai'fect  a  private 
school?  What  financial  aid  is  given  by  the  State  to  aid  in  the  enforcement 
of  this  law?  What  teachers  may  be  employed  to  give  instruction  in  physical 
training  or  to  supervise  such  instruction? 


CHAPTER  XXIII 

CONTRACTS     FOR     EDUCATION     OF     CHILDREN TRANSPORTATION      OF 

CHILDREN STATE  TUITION  ACADEMIC   INSTRUCTION 

[Article  21] 

Contracts  Between  Districts  for  Education  of  Children. —  Any 

school  district,  by  a  majority  vote  of  the  qualified  voters  present 
and  voting,  may  direct  the  trustees  of  such  district  to  contract 
with  the  trustees  or  boards  of  education  of  any  district  or  city 
for  the  education  of  its  children.  Such  contract  shall  be  for  such 
period  as  agreed  upon  and  shall  not  exceed  one  school  year. 
This  contract  must  be  written  and  in  the  form  prescribed  by  the 
Commissioner  of  Education.  It  should  be  certified  by  the  trus- 
tees of  each  of  the  districts,  or,  if  either  of  the  districts  has  a 
board  of  education,  by  the  secretary  of  such  board,  and  filed  with 
the  Commissioner  of  Education.  Such  contract  is  not  binding 
upon  either  party  until  it  is  approved  by  the  Commissioner  of 
Education. 

Whenever  the  period  of  time  for  which  a  district  contracts  for 
the  education  of  its  children  or  such  period  together  with  the 
time  school  is  actually  taught  in  said  district  shall  amount  to 
180  days  and  the  contract  shall  include  all  the  children  of  school 
age  in  such  district,  such  district  shall  be  entitled  to  receive  the 
apportionments  of  public  money  it  would  receive  if  it  maintained 
school. 

No  school  district  operating  under  the  contract  system  may 
receive  a  greater  apportionment  than  the  excess  of.  the  total 
expense  incurred  in  payment  of  tuition  and  transportation  of 
pupils  over  the  amount  of  a  tax  of  one-half  of  one  per  cent  on  the 
assessed  valuation  of  the  district  as  shown  by  the  report  of  the 
trustee  to  the  district  superintendent. 

When  a  district  maintains  a  school  and  in  addition  thereto 
makes  a  contract  for  the  education  of  at  least  twelve  of  its  chil- 
dren, such  district  is  entitled  to  its  district  quota,  and  also  to  a 
teacher's  quota  if  the  expense  under  such  contract,  including 
transportation  of  pupils,  equals  or  exceeds  a  teacher's  quota. 
When  the  amount  is  less  than  a  quota  a  like  amount  will  be 
apportioned  the  district. 

210 


CONTRACTS   FOR   EDUCATION    OF    CHILDREN  211 

Transportation  of  Pupils. —  When  the  voters  of  any  school 
district  meeting  have  authorized  a  contract  with  the  school 
authorities  of  any  city  or  other  school  district  for  the  education 
therein  of  its  children  of  school  age,  they  may  also  authorize  a 
tax  to  pay  the  expenses  of  conveying  the  children  of  such  district 
to  the  schools  of  the  city  or  school  district  with  which  such  con- 
tract has  been  made.  When  such  contract  has  been  made  the 
trustees  of  a  district  may  use  any  portion  of  the  district  quota 
to  pay  for  the  education  of  such  children  under  the  terms  of  such 
contract,  and  also  for  the  expenses  of  the  transportation  of  such 
children. 

If  any  of  the  children  of  school  age  in  a  district  live  so  remote 
from  the  schoolhouse  therein  that  they  are  practically  deprived 
of  school  advantages  during  any  portion  of  the  school  year,  the 
voters  at  a  district  meeting  may  provide  for  the  transportation 
of  such  children  from  their  homes  to  the  schoolhouse  of  the 
district.  The  expense  therefor  may  be  met  by  a  district  tax,  or 
it  may  be  paid  out  of  the  district  quota  apportioned  the  district. 

Parents  Not  Entitled  to  Compensation  for  Conveying  Pupils. — 
To  vote  compensation  to  a  parent  from  the  pul^lic  funds  for  tak- 
ing his  child  to  and  from  school  was  not  intended  under  the 
contract  law.  Payment  to  a  parent  for  conveying  his  children 
to  school  comes  dangerously  near  being  an  improper  considera- 
tion to  influence  his  vote  in  favor  of  the  contract  system  when  it 
might  be  more  desirable  to  maintain  a  home  school.  A  school 
district  should  maintain  a  home  school  unless  it  clearly  appears 
that  the  district  is  too  weak  financially  and  numerically  to  do 
so.  Even  then  it  should  be  clearly  shown  that  the  educational 
facilities  of  the  district  will  be  improved  by  contracting,  and  that 
it  may  be  done  without  imposing  undue  hardships  upon  the  chil- 
dren recjuired  to  attend  school  under  such  contract.  Beyond 
that  the  intent  of  the  law  in  providing  for  transportation  was 
that  it  should  be  regular  and  daily ;  that  individual  parents 
should  not  derive  pecuniary  advantage  from  it ;  and  that  nothing 
should  be  left  to  parental  convenience  or  caprice.  The  general 
rule  should  be  that  one  person  of  proper  character,  furnishing 
suitable  accommodations,  should  be  regularly  employed,  and 
the  contract  for  transportation  should  be  awarded,  after  oppor- 
tunity for  competition,  to  the  most  reliable  party  who  will  fur- 
nish the  best  transportation  at  the  lowest  cost  to  the  district. 
(Coni'r  Draper,  No.  5219,  October  31,  1905.) 

The  Commissioner  of  Education  will  not  approve  a  contract 
for  the  education  of  children  when  it  is  shown  that  the  distance 
such  children  must  travel  to  attend  school  is  so  great  as  to  prac- 
tically deprive  them  of  school  privileges,  until  transportation  is 
provided  for  such  children. 


212  NEW    YORK    SCHOOL    LAW 

STATE  TUITION  FOR  NON-RESIDENT  PUPILS  IN  ACADEMIC 
DEPARTMENTS 

[Section  493] 

Object. —  The  object  of  this  law  which  has  caused  so  much 
discussion  is  to  bring  within  the  reach  of  every  boy  and  girl  in 
the  State  a  complete  academic  education. 

Approved  Schools. —  No  school  can  receive  tuition  from  the 
State  for  the  attendance  of  pupils  under  this  act  unless  such 
school  is  approved  by  the  State  Education  Department.  To  be 
approved  a  school  must  maintain  a  satisfactory  course  of  study, 
sufficient  teaching  force,  adequate  equipment,  and  suitable  school 
building  facilities. 

Schools  Entitled  to  Compensation. —  To  entitle  a  school  to 
receive  compensation  for  the  instruction  of  non-resident  pupils, 
such  pupils  must  have  been  in  regular  attendance  in  the  academic 
department  thereof  for  a  period  of  not  less  than  eight  weeks,  and 
they  must  reside  in  districts  of  the  State  not  maintaining  an 
academic  department. 

Pupils  Who  May  be  Admitted. —  All  pupils  residing  within 
the  State  and  in  districts  not  maintaining  an  academic  depart- 
ment may  be  admitted  into  any  of  the  approved  schools  by  pre- 
senting to  the  local  authorities  a  Regents'  preliminry  certili- 
cate.  Students  possessing  equivalent  qualifications  covering  ele- 
mentary work  will  be  admitted  after  their  credentials  have  been 
approved  by  the  State  Education  Department.  The  holders  of 
uniform  teachers'  certificates  meet  the  requirements.  Pupils  are 
not  required  to  attend  the  school  nearest  their  residence,  but  may 
attend  any  approved  school  where  the  school  authorities  admit 
them  under  this  act.  Pupils  residing  in  districts  which  maintain 
less  than  a  four  years'  course  may  be  admitted  to  schools  of 
higher  grade  after  completing  the  course  of  study  prescribed  for 
the  school  of  the  district  in  which  they  reside.  City  and  union 
free-school  districts  shall  not  refuse  to  receive  non-resident 
academic  pupils  for  instruction  without  valid  and  sufificient 
reasons  therefor,  nor  shall  excessive  sums  be  charged  for  the 
instruction  of  such  pupils.    All  acts  of  the  board  of  education  or 


COXTRACTS   FOR   EDUCATION    OF    CHILDREN  21T, 

Other  district  officers  relating  to  such  pupils  and  the  tuition 
charged  for  their  instruction  are  subject  to  review  by  the  Com- 
missioner of  Education. 

A  school  is  not  required  to  furnish  non-resident  students  with 
free  text-books  or  any  other  accommodation  not  fairly  included 
under  the  term  tuition. 

Tuition  Not  Chargeable  for  Certain  Students. —  An  approved 
school  receiving  non-resident  pupils  under  this  act  will  not  be 
entitled  to  tuition  for  members  of  teachers'  training  schools  or 
training  classes.  The  State  will  not  pay  the  tuition  of  non- 
resident pupils  in  attendance  on  any  department  or  grade  below 
the  academic  department. 

Compensation. —  A  city  or  union  free-school  district  maintain- 
ing an  academic  department  is  entitled  to  $50  per  year  for  at 
least  thirty-six  weeks'  instruction  or  a  proportionate  amount  if 
for  eight  weeks  or  more  for  each  non-resident  academic  pupil 
attending  the  academic  department  of  such  school  from  districts 
not  maintaining  such  academic  departments. 

Pupils  residing  in  districts  not  maintaining  a  four-year  cur- 
riculum may  be  included  in  this  apportionment  after  having 
completed  the  course  of  study  prescribed  for  the  school  in  the 
district  in  which  they  reside. 

When  Greater  Amount  May  be  Charged. —  No  charge  for  the 
instruction  of  a  non-resident  academic  pupil  in  excess  of  the  ^50 
quota  shall  be  made  by  any  district  or  city  maintaining  an 
academic  department  unless  it  shall  appear  to  the  satisfaction 
of  the  Commissioner  that  the  tax  rate  for  school  purposes  of  the 
city  or  district  receiving  the  non-resident  academic  pupil  is  equal 
to  or  in  excess  of  the  tax  rate  for  school  purposes  of  that  district 
from  which  such  non-resident  pupil  comes ;  or  that  the  instruc- 
tion of  such  non-resident  pupil  adds  to  the  total  cost  of  instruc- 
tion of  academic  pupils  in  such  city  or  union  free-school  district 
a  sum  in  excess  of  such  quota. 

Liability  of  District  for  Excess  Charge;  Designation  of 
Academic  School. —  The  tuition  charged,  if  any,  in  excess  of  the 
aforesaid  State  tuition,  is  declared  a  charge  upon  the  district 
from  which  the  non-resident  academic  pupil  attends,  subject, 
however,  to  the  right  of  such  district  to  designate  the  academic 
school  or  schools  where  instruction  shall  be  given  at  the  district's 
expense.     Such  designation  shall  be  made  by  each  school  dis- 


214  NEW    YORK    SCHOOL    LAW 

trict  at  the  annual  district  meeting.  This  designation  may  be 
reviewed  upon  appeal  to  the  commissioner  of  education  in  the 
event  the  parent  or  guardian  of  such  pupils  deem  themselves 
aggrieved  thereby.  In  case  any  school  district  shall  fail  to  make 
such  designation  at  the  annual  school  meeting  the  district  super- 
intendent of  schools  in  the  supervisory  district  in  which  such 
district  is  located  may  make  such  designation  subject  to  review 
on  appeal  by  the  Commissioner  of  Education. 

State  Tuition  on  Account  of  Academic  Pupils  from  Contract- 
ing Districts. —  Whenever  a  district  contracts  with  another  dis- 
trict or  a  city  and  such  district  or  city  maintains  a  high  school  or 
an  academic  department,  and  whenever  the  expense  of  the 
tuition  and  transportation  for  the  pupils  of  said  district  shall 
exceed  the  sum  of  the  public  school  money  of  the  district  and  the 
amount  of  a  tax  of  one-half  of  one  per  centum  on  the  assessed 
valuation  of  the  district,  the  tuition  of  the  academic  pupils 
attending  such  high  school  or  academic  pupils  from  such  con- 
tracting district  may  be  paid  by  the  State  as  provided  in  other 
cases,  and  subject  to  the  same  conditions. 

Academic  Pupils  Instructed  Outside  of  State. —  Where  a  dis- 
trict is  so  situated  that  its  academic  pupils  can  be  more  con- 
veniently instructed  in  the  academic  department  of  a  school 
located  in  another  State,  the  Commissioner  of  Education  is 
authorized  to  make  the  same  apportionment  to .  such  district, 
annually,  to  be  applied  in  payment  of  the  tuition  of  each  such 
academic  pupil  so  instructed  outside  the  State,  as  he  shall  be 
authorized  by  law  to  make  for  the  instruction  of  academic  pupils 
within  the  State,  and  upon  the  same  conditions. 

Academic  Pupils  from  Military  Reservations. —  An  apportion- 
ment is  made  for  the  instruction  of  each  non-resident  pupil 
attending  an  approved  academic  department  from  military 
reservations  located  within  the  boundaries  of  the  State  of  New 
York  but  under  the  jurisdiction  of  the  United  States,  in  the  same 
amount  and  upon  the  same  conditions  as  for  other  non-resident 
academic  pupils. 

REVIEW  QUESTIONS 

Under  what  circumstances  may  a  contract  be  made  for  the  instruction  of 
the  children  of  a  school  district  in  the  schools  of  another  district?  Who 
makes  such  contract?     By  whom  must  it  be  approved  in  order  to  be  valid? 


CON'TRACTS   FOR   EDUCATION    OF    CIIILUREN  215-217 

May  a  district  contract  for  the  instruction  of  a  part  of  its  pupils?  For  how 
many  pupils  must  such  contract  be  made  in  order  to  entitle  the  district  to  a 
teacher's  quota? 

When  may  trustees  contract  for  transportation  of  pupils?  May  parents 
receive  compensation  for  carrying  their  own  children? 

What  is  the  object  of  the  law  granting  a  State  apportionment  for  the 
instruction  of  non-resident  academic  pupils?  To  what  schools  and  under 
what  circumstances  is  State  tuition  paid?  May  schools  charge  tuition  in 
excess  of  the  State  tuition?     How  must  the  excess  tuition  be  paid? 


CHAPTER  XXIV 

SPECIAL   CLASSES   FOR   MENTALLY   RETARDED  —  PHYSICALLY    DEFEC- 
TIVE  ORPHAN    SCHOOLS STATE    INSTITUTIONS    FOR    DEAF 

AND   DUMB   AND   FOR  THE  BLIND 

CHILDREN    MENTALLY    RETARDED 

Enumeration  of. —  It  is  the  duty  of  the  board  of  education  of 
each  union  free-school  district  and  city  to  take  an  enumeration 
of  all  the  children  residing  in  such  district,  town,  or  citv,  who  are 
in  attendance  upon  the  public  school  therein  and  who'  are  three 
years  or  more  retarded  in  mental  development. 

Special  Classes  for. —  The  board  of  education  of  each  district 
or  city  in  which  there  are  ten  or  more  children  of  such  retarded 
development  is  required  to  establish  special  classes,  which  shall 
not  contain  more  than  fifteen  pupils,  for  the  education  of  such 
children.  The  instruction  provided  in  these  classes  must  be 
adapted  to  the  mental  attainments  of  such  children.  As  many 
classes  shall  be  maintained  as  are  necessary  to  provide  adequate 
education  for  all  children  of  this  type. 

Classes  Maintained  by  Contract. —  In  a  union  free-school  dis- 
trict or  city  in  which  there  are  less  than  ten  children  of  this  type 
the  board  of  education  is  authorized  to  contract  with  another  dis- 
trict or  city  which  has  established  classes  for  such  type  of  children. 

Regulations. —  The  Commissioner  of  Education  is  authorized 
to  prescribe  regulations  to  govern  the  enumeration  of  such  chil- 
dren, and  the  classes  which  are  to  be  maintained  for  their  instruction. 

State  Aid. —  No  special  aid  is  provided  l)y  the  State  to  assist 
communities  in  meeting  the  special  needs  of  this  type  of  children. 
Each  teacher  employed  in  a  special  class  of  this  kind  will  entitle 
the  district  or  city  in  which  she  is  employed  to  the  usual  teacher's 
quota. 

PHYSICALLY  DEFECTIVE  CHILDREN 
[Article  39-A] 
Enumeration  of. —  It  is  the  duty  of  the  board  of  education  of 
each  union  free-school  district  and  city  to  take  an  enumeration 
of  the  physically  defective  children  residing  in  the  district  or 
city  over  which  such  board  has  jurisdiction.  This  enumeration 
must  include  all  children  who  are  under  the  age  of  eighteen  years, 

2l8 


SPECIAL   CLASSES   FOR   MENTALLY   RETARDED,    ETC.  2ig 

and  who  are  deaf,  blind,  or  so  crippled  or  otherwise  physically 
defective  as  to  be  unable  to  attend  upon  instruction  in  regular 
classes  maintained  in  public  schools. 

Special  Instruction. —  It  is  the  duty  of  the  boards  of  education 
of  a  school  district  or  city  in  which  there  are  ten  or  more  such 
physically  defective  children  to  establish  such  special  classes  as 
may  be  necessary  to  provide  instruction  adapted  to  the  mental 
attainments  and  physical  conditions  of  such  children.  Provided, 
however,  that  in  each  city  or  union  free-school  district  in  which 
schools  for  the  deaf,  blind,  crippled  or  otherwise  ph}-sicaiiy 
defective  now  exist  or  may  hereafter  be  established,  which  are 
incorporated  under  the  laws  of  the  State  and  are  found  by  the 
board  of  education  to  be  adequate  to  provide  instruction  adapted 
to  the  mental  attainments  and  physical  conditions  of  such  chil- 
dren, the  board  of  education  shall  not  be  required  to  supply 
additional  special  classes  for  the  children  so  provided  for. 

The  board  of  education  of  such  cities  or  union  free-school  dis- 
tricts is  authorized  and  empowered  to  contract  -wilh  such  schools 
for  the  education  of  such  children  in  special  classes  therein. 
(See  L.  1918,  ch.  378.) 

It  is  contemplated  under  this  law  that  there  should  be  ten 
pupils  of  the  same  type  in  order  to  require  a  lioard  of  education 
to  establish  a  special  class.  If  there  are  ten  deaf  children  a  spe- 
cial class  should  be  established  for  children  of  this  type.  If  there 
are  ten  or  more  blind  children  a  class  should  be  established  for 
children  of  such  type.  If  there  are  ten  or  more  crippled  children 
a  special  class  should  be  organized  for  such  children.  The  in- 
tention of  the  law  is  that  a  room  should  be  set  apart  in  the  school 
building  or  in  such  number  of  school  buildings  as  may  be  neces- 
sary to  accommodate  the  numl)er  of  children  in  the  district  or 
city,  and  to  make  stich  classes  reasonably  accessible  to  the 
children  from  all  parts  of  the  city. 

Classes  Maintained  by  Contract. —  When  there  are  less  than 
ten  children  of  either  of  the  above  types  residing  in  a  district  or 
city  a  board  of  education  may  contract  for  the  education  of  such 
children  with  a  board  of  education  of  another  district  or  city  in 
which  special  classes  have  been  organized  for  the  instruction  of 
children  of  such  type. 

Regulations. —  The  Commissioner  of  Education  is  authorized 
to  prescribe  regulations  to  govern  the  enumeration  of  such  chil- 
dren, and  the  classes  which  are  to  be  maintained  for  their 
instruction. 

State  Aid. —  No  special  aid  is  provided  by  the  State  to  assist 
communities  in  meeting  the  special  needs  of  this  type  of  children. 
Each  teacher  employed  in  a  special  class  of  this  kind  will  entitle 
the  district  or  city  in  which  she  is  employed  to  the  tisual  teacher's 
quota. 


220  NEW    YORK    SCHOOL    LAW 

ORPHAN     SCHOOLS 

[Article  35] 

The  schools  of  all  the  incorporated  orphan  asylum  societies  in 
this  State,  except  those  in  the  city  of  New  York,  are  subject  to  the 
rules  and  regulations  of  the  common  schools  of  the  city  or  district 
in  which  such  societies  are  located,  but  such  schools  are  under  the 
immediate  management  and  direction  of  such  societies. 

These  schools  are  entitled  to  participate  in  the  apportionment  of 
the  school  moneys  in  the  same  manner  and  to  the  same  extent,  in 
proportion  to  the  number  of  children  educated  therein,  as  are  the 
common  schools  in  the  districts  in  which  such  societies  are  located. 

The  presiding  officer  of  each  asylum  maintaining  a  school  must 
make  an  annual  report  to  the  Commissioner  of  Education,  showing 
the  number  of  pupils  therein,  the  studies  pursued  by  them,  the  time 
devoted  thereto,  and  the  manner  in  which  public  funds  apportioned 
it  have  been  expended. 

INDIAN    SCHOOLS 

[Article  37] 

General  Statement. —  There  are  eight  Indian  reservations  in 
this  State.  On  these  reservations  thirty-three  Indian  schools  are 
maintained,  in  which  are  employed  thirty-six  teachers.  These  res- 
ervations are  located  as  follows: 

Name  of  Reservation.  County  of  Location. 

Allegan}' Allegany 

Cattaraugus Cattaraugus  and  Erie 

Onondaga Onondaga 

Poospatuck Suffolk 

St.  Regis Franklin  and  St.  Lawrence 

Shinnecock Suffolk 

Tonawanda Erie 

Tuscarora Niagara 


Duty  of  Commissioner  of  Education. —  The  Commissioner  of 
Education  is  charged  with  general  supervision  of  the  Indian  schools. 
He  should  ascertain  the  needs  and  character  of  the  education  of 
the  various  Indian  bands  in  the  State,  and  provide  schools  in  such 
places  as  he  deems  necessary.  He  employs  all  necessary  teachers, 
truant  officers,  and  other  assistants  and  employees  and  fixes  their 


SPECIAL    CLASSES    FOR    MENTALLY    RETARDED,    ETC.  221 

salaries.  He  erects  school  buildings  when  funds  are  appropriated 
therefor. 

Co-operation  of  Indians. —  The  Commissioner  of  Education 
is  charged  with  obtaining  the  co-operation  of  the  several  bands  of 
Indians  in  supporting  the  schools  established  for  their  benefit.  He 
is  required  to  visit  their  reservations,  or  delegate  some  representative 
to  visit  them,  to  discuss  means  of  improvement  and  education  with 
them  in  public  assembly  and  to  induce  them,  if  possible,  to  donate 
land,  material,  labor,  and  public  funds  for  the  erection  of  suitable 
buildings. 

Protection  to  Title. —  When  any  of  the  Indian  land  shall  have 
been  given  for  occupancy  or  use  for  school  purposes  the  right  or 
title  of  Indians  to  such  land  should  be  protected.  The  right  of  the 
State  to  remove  or  otherwise  dispose  of  all  improvements  made 
at  the  expense  of  the  State  should  be  reserved  in  all  contracts. 

Annual  Appropriation. —  For  the  purpose  of  executing  the 
provisions  of  law  relating  to  Indian  schools,  the  Legislature  makes 
an  annual  appropriation.  This  money  is  paid  by  the  State  Treas- 
urer on  the  warrant  of  the  Comptroller  to  the  order  of  the  Com- 
missioner of  Education,  from  time  to  time,  as  such  money  is 
needed.  Special  appropriations  from  the  general  fund  are  some- 
times made  by  the  Legislature  for  repairs  and  improvements  on  the 
school  property  of  reservations. 

Vouchers  and  Receipts. —  The  Commissioner  of  Education  is 
required  to  file  in  his  office  vouchers  and  receipts  for  all  expend- 
itures  made  under  the  provisions  of  this  chapter. 

Report  to  Legislature. —  The  Commissioner  of  Education  is 
required  to  report  annually  to  the  Legislature  the  condition  of 
Indian  schools. 

DEAF    AND    DUMB    AND    BLIND    INSTITUTIONS 

[Article  38] 

Duty  of  Commissioner  of  Education. — All  institutions  for  the 
instruction  of  the  deaf  and  dumb  and  blind,  and  all  other  similar 
institutions  incorporated  under  the  laws  of  this  State  are  under  the 
inspection  and  supervision  of  the  Commissioner  of  Education.  He 
should  ascertain  the  expenditures  of  each  institution,  the  system  of 
instruction  pursued  therein,  and  the  condition  of  the  lodgings  and 
accommodations  of  the  pupils. 
15 


222  NEW   YORK  SCHOOL  LAW 

He  should  ascertain  by  comparing  these  institutions  with  similar 
institutions  whether  improvements  in  instruction  and  discipline  can 
be  made.  For  this  purpose  he  may  appoint  persons  to  visit  these 
institutions.  He  should  also  suggest  to  the  directors  of  these  insti- 
tutions and  to  the  State  Legislature  those  improvements  and  changes 
which  in  his  judgment  are  deemed  wise.  All  the  powers  of  regula- 
tion, supervision  and  control  exercised  by  the  State  Board  of 
Charities  over  the  New  York  State  School  for  the  Blind  at  Batavia 
have  been  transferred  to  the  Commissioner  of  Education. 

Annual  Report. —  The  Commissioner  of  Education  is  required 
to  make  an  annual  report  to  the  vState  Legislature  on  all  matters 
relating  to  these  institutions ;  particularly  to  the  condition  of  the 
schools,  the  improvement  of  the  pupils,  and  their  treatment  in  respect 
to  board  and  lodging. 

Eligibility  of  Appointments  of  Deaf  and  Dumb  Persons. —  A 

deaf  and  dumb  person  to  receive  an  appointment  as  a  State  pupil 
to  an  institution  for  the  deaf  and  dumb  must  possess  the  following 
qualifications:  Such  person  must  be  upwards  of  twelve  years  of 
age  and  have  been  a  resident  of  the  State  for  one  year  immediately 
preceding  his  or  her  application  for  admission  to  such  institution ; 
or,  if  a  minor,  the  parent  or  parents,  or  if  an  orphan,  the  nearest 
friend  must  have  been  a  resident  of  this  State  for  one  year  imme- 
diately preceding  the  application  for  an  appointment  as  a  State 
pupil. 

Upon  the  application  of  a  parent,  guardian  or  friend  of  a  deaf- 
mute  child  residing  in  this  State  and  between  the  ages  of  five  and 
twelve  years,  the  overseer  of  the  poor  or  the  supervisor  of  the 
town  in  which  such  child  may  be,  is  required  to  place  that  child 
in  one  of  the  institutions  named  in  section  978  of  the  Education 
Law.  The  child  must  be  maintained  in  that  institution  at  the 
expense  of  the  county  at  the  same  annual  per  capita  rate  as  is 
paid  by  the  State  of  New  York  for  the  support  and  instruction  of 
State  pupils  in  said  institutions.  If  the  director  of  the  institution 
to  which  the  child  is  committed  finds  that  the  child  is  not  a 
proper  subject  to  remain  in  said  institution,  the  institution  is  not 
required  to  continue  to  care  for  the  child. 

Eligibility  of  Blind  Persons  for  Appointment  as  State  Pupils. — 

All  blind  persons  of  suitable  age  (^no  specilic  age  required  by  law) 
who  possess  the  same  qualifications  in  regard  to  residence  as  deaf 
and  dumb  candidates,  may  be  appointed  State  pupils  as  follows: 
All  those  who  are  residents  of  Nassau,  New  York,  Kings,  Queens, 
Suffolk,  Richmond,  Westchester,  Putnam,  and  Rockland  shall  be 
appointed  to  the  Institution  for  the  Blind  in  New  York  city. 


SPECIAL    CLASSES    OF    MENTALLY    RETARDED 


223 


Those  residing  in  all  other  counties  in  the  State  should  be  appointed 
to  the  Batavia  institution. 

By  Whom  Appointments  are  Made. — Appointments  of  State 
pupils  to  any  of  these  institutions,  except  the  Institution  for  the 
Blind  in  Batavia,  are  made  by  the  Commissioner  of  Education  upon 
application.  In  making-  such  appointments  the  Commissioner  of 
Education  may  impose  the  condition,  in  the  case  of  parents  or 
guardians  or  friends  who  have  sufificient  means,  that  some  portion 
of  the  expense  of  educating  and  clothing  such  pupil  shall  be  borne 
by  the  parent,  guardian  or  friend.  The  Commissioner  also  has 
the  authority  to  modify  such  conditions  whenever  he  deems  it 
wise  to  do  so.  Appointments  to  the  Batavia  institution  are  made 
by  the  board  of  trustees,  and  must  be  approved  by  the  county  judge 
or  county  clerk  of  the  county  or  the  supervisor  or  town  clerk  of  the 
town  or  the  mayor  of  the  city  in  which  the  applicant  resides. 

Support  of  State  Pupils. — A  State  pupil  appointed  to  any  of 
these  institutions  must  be  provided  with  board,  lodging,  and  tuition. 
The  deaf  and  dumb  institutions  and  the  blind  institutions  are  en- 
titled to  receive  such  sum  for  each  puinl  to  be  paid  quarterly  as  the 
Legislature  appropriates.  State  pupils  who  are  children  of  indigent 
parents  or  guardians  are  supplied  with  clothing  by  the  counties  from 
which  they  are  appointed. 

The  treasurer  of  each  institution  should  i)resent  a  bill  showing 
the  number  of  pui)ils  and  the  time  each  pupil  attended,  to  the  State 
Comptroller  for  audit  and  payment. 

This  bill  must  be  signed  and  verified  by  oath  of  the  president  and 
secretary  of  the  institution.  The  bill  is  ])aid  by  the  State  Treasurer 
on  the  warrant  of  the  Comptroller. 

Term  of  Instruction. —  The  regular  term  of  instruction  for  each 
pupil  is  five  years,  but  the  Commissioner  of  Education  may  extend 
such  time  not  to  extend  three  years.  He  may  also  extend  the 
term  to  cover  three  years  of  instruction  beyond  the  elementary 
course. 

Regulations  for  Admission  of  Pupils. —  The  Commissioner  of 
Education  may  establish  regulations  to  require  the  admission  of 
pupils  at  these  institutions  at  regular  periods. 

The  Legislature  of  1897  authorized  the  Albany  Home  School  for 
the  Oral  Instruction  of  the  Deaf  to  receive  deaf  and  dumb  persons 
who  are  eligible  to  aj^pointment,   and   who  are  more   than   twelve 


224  NEW  YORK   SCHOOL   LAW 

years  of  age.  The  Commissioner  of  Education  is  also  authorized 
to  make  appointments  to  this  institution. 

County  Must  Supply  Clothing. —  If  a  parent  or  guardian  of  a 

State  pupil  in  any  of  the  institutions  for  the  deaf  and  dumb  is 
unable  to  furnish  such  pupil  clothing,  the  board  of  supervisors 
of  the  county  from  which  such  pupil  was  appointed  must  raise 
each  year  for  each  of  such  pupils  the  sum  of  $50  for  supplying 
clothing  to  such  pupils. 

Payment  for  Aid  to  Blind  Pupils  Attending  College. —  The 
trustees  of  any  college,  university,  technical  or  professional  school 
located  in  this  State,  authorized  to  confer  degrees  except  an  insti- 
tution for  the  instruction  of  the  blind,  may  designate  blind  students 
in  attendance  upon  such  institutions  who  are  residents  of  this  State 
as  fit  persons  to  receive  special  aid  in  doing  the  work  required  in 
such  institution.  Persons  may  be  employed  to  read  to  such  blind 
students  from  the  textbooks  or  pamphlets  used  by  such  students  in 
their  studies  at  a  compensation  of  $300  per  year. 

The  treasurer  of  any  of  such  institutions  after  the  beginning  of 
a  school  year  may  present  to  the  State  Comptroller  a  verified  state- 
ment showing  the  number  of  blind  students  regularly  matriculated 
and  working  for  a  degree.  No  other  student  can  be  included.  The 
Comptroller  will  issue  his  warrant  and  thereon  the  State  Treasurer 
will  pay  to  the  treasurer  of  such  institution  the  amount  to  which  the 
institution  is  entitled.  The  trustees  of  the  institution  will  then 
disburse  the  moneys  for  the  purposes  aforesaid. 

Instruction  for  Blind  Babies,  etc. —  The  Commissioner  of 
Education  may  in  his  discretion  appoint  children  twelve  years  of 
age  and  under  as  State  pupils  in  one  of  the  homes  for  blind  babies 
and  children  maintained  by  the  International  Sunshine  Society, 
Brooklyn  Home  for  Blind,  Crippled  and  Defective  Children  and 
the  Catholic  Institute  for  the  Blind.  When  these  children  are  thus 
appointed  to  one  of  these  homes  the  home  receiving  them  is  entitled 
to  the  same  compensation  that  other  institutions  receive  which  may 
accept  State  blind  pupils. 

REVIEW  QUESTIONS 

Who  is  required  to  make  an  enumeration  of  mentally  retarded  children? 
What  children  must  be  included?  When  must  special  classes  be  established? 
How  many?  What  type  of  instruction  must  be  provided?  When  may  a 
board  of  education  provide  for  the  instruction  of  such  children  by  contract? 


REVIEW    QUESTIONS  ^^5 

Who  is  authorized  to  prescribe  regulations  governing  the  subject?  What 
aid  is  given  by  the  State? 

Who  is  required  to  make  an  enumeration  of  physically  defective  children? 
What  children  must  be  included?  What  instruction  must  be  provided? 
What  is  the  interpretation  of  this  law?  When  may  classes  be  maintained 
by  contract  for  these  children?  What  power  has  the  Commissioner  of 
Education  in  such  matter?     What  State  aid  is  provided? 

How  are  the  schools  of  the  incorporated  orphan  asylum  societies  related 
to  the  public  school  sj-stem?  To  what  public  monc}'  are  they  entitled?  What 
report  must  be  filed  with  the  Education  Department?  What  is  the  duty  of 
the  Commissioner  of  Education  in  relation  to  Indian  schools?  When  may 
he  cause  school  buildings  to  be  erected  on  Indian  reservations?  What  co- 
operation of  the  Indians  should  he  enlist?  What  protection  to  title  should 
be  given  to  Indians  when  their  land  is  used  for  school  purposes?  What 
right  should  be  reserved  to  the  State?  What  ainount  is  annually  appro- 
priated for  this  purpose?  How  is  this  money  paid?  What  is  done  with 
the  vouchers  and  receipts  ?  What  reports  must  be  made  in  relation  to  Indian 
reservations  ? 

What  jurisdiction  has  the  Commissioner  of  Education  over  deaf  and 
dumb  and  blind  institutions?  What  knowledge  of  the  work  of  these  institu- 
tions should  he  possess?  What  report  in  relation  to  these  institutions  must 
be  made?  Who  are  eligible  to  appointment  as  State  deaf  and  dumb  pupils? 
Who  are  eligible  to  appointment  as  State  pupils  to  blind  institutions?  By 
whom  are  these  appointments  made?  In  making  these  appointments  what 
conditions  may  the  Commissioner  of  Education  impose?  How  are  these 
State  pupils  supported?  To  whom  are  bills  for  these  expenses  presented? 
In  what  form?  By  whom  are  they  paid?  What  is  the  regular  period  of 
instruction?  What  extension  may  be  granted?  Who  adopts  the  regulations 
for  admission  of  these  pupils?  What  institution  was  authorized  by  the 
Legislature  of  1897  to  receive  deaf  and  dumb  pupils  for  instruction?  When 
must  a  county  provide  pupils  with  clothing?  Explain  the  conditions  under 
which  payments  will  be  made  by  the  State  to  assist  blind  pupils  in  attendance 
upon  college. 


CHAPTER  XXV 

SCHOOL    AND    PUBLIC    LIBRARIES 
[See  Article  44] 

Apportionment  of  Library  Moneys. —  On  account  of  the 
unification  act  it  became  desirable  to  unite  the  hbrary  funds  which 
had  heretofore  been  distributed  by  the  two  former  educational  de- 
partments. The  Legislature,  therefore,  now  makes  but  one  appro- 
priation for  school  libraries.  This  appropriation  is  for  an  amount 
equal  to  that  given  the  two  old  departments  and  the  method  of 
distribution  is  such  that  a  school  may  draw  from  this  fund  as  much 
money  as  it  was  allowed  heretofore  from  both  funds.  The  method 
of  this  apportionment  will  be  found  in  the  article  which  treats  of 
school  moneys.     The  method  of  distributing  the  money  is  as  follows: 

An  apportionment  is  made  on  or  about  the  first  of  each  month 
based  on  the  applications  received  during  the  previous  month.  This 
apportionment  is  certified  to  the  Comptroller. 

The  State  Treasurer  upon  the  warrant  of  the  Comptroller  pays  to 
each  county  treasurer,  excepting  in  the  counties  comprising  the  city 
of  Xew  York,  an  amount  equal  to  that  apportioned  to  all  of  the 
schools  in  his  county. 

The  Commissioner  of  Education  then  certifies  to  the  county 
treasurer  the  schools  to  which  money  is  due  and  the  amount  due  to 
each.  Upon  receipt  of  this  certificate  from  the  Commissioner  of 
Education  the  county  treasurer  pays  the  allotment  to  each  of  the 
schools  entitled  to  recei^-e  the  same. 

In  the  city  of  Xew  York  all  money  due  the  city  is  paid  to  the 
city  chamberlain  and  all  money  due  to  private  academies  is  paid 
directly  to  the  treasurer  of  the  academy. 

Commissioner  of  Education  Has  General  Supervision. —  The 
Commissioner  of  Education  has  power  to  establish,  modify,  or 
abolish  any  regulation  for  the  expenditure  of  school  library  money 
and  the  administration  and  care  of  school  libraries.  All  provisions 
of  law  and  rules  of  the  Commissioner  of  Education  for  the  man- 
agement of  district  libraries  shall  apply  to  the  management  of  school 
libraries  until  modified  as  directed  by  law. 

226 


SCHOOL   AND    PUBLIC    LIBRARIES  22,y 

Expenditure  of  Library  Money. —  No  part  of  the  library  money 
of  a  district  —  either  that  raised  by  the  district,  apportioned  from 
State  funds,  or  received  from  any  other  source  —  shall  be  used  for 
any  other  purpose  than  for  the  purchase  of  books,  apparatus,  or 
reproductions  of  standard  works  of  art,  and  such  books  must  be 
approved  by  the  Commissioner  of  Education  before  being  purchased. 

Commissioner  May  Withhold  Money. —  The  Commissioner  of 
Education  may  withhold  from  any  city  or  district  its  share  of  public 
school  moneys,  for  expending  library  money  for  any  other  purpose 
than  the  purchase  of  approved  books,  or  for  any  otlier  willful  neg- 
lect or  violation  of  law  or  of  the  regulations  which  the  Commis- 
sioner has  adopted. 

Librarian. —  The  board  of  education  of  a  union  free-school 
district  and  also  the  board  of  trustees  of  a  common-school  district 
shall  appoint  as  librarian  one  of  the  teachers  in  the  employ  of  their 
district.  Such  librarian  and  trustees  or  board  of  education,  as  the 
case  may  be,  shall  be  responsible  for  the  safekeeping  and  care  of  the 
books  in  the  library  of  their  district.  They  shall  annually,  and 
oftener  if  called  upon,  make  a  report  as  the  Commissioner  of  Edu- 
cation shall  direct  concerning  such  library.  If  a  board  of  educa- 
tion in  a  union  free-school  district  fails  to  select  a  librarian,  the 
teacher  of  English  in  such  school  becomes  the  librarian.  If  such 
district  employs  a  librarian  meeting  the  qualifications  prescribed  by 
the  Commissioner  of  Education,  the  district  is  entitled  to  receive 
an  additional  teacher's  quota  from  the  State.  If  a  librarian  is  not 
appointed  in  a  district  which  is  not  a  union  free-school  district,  the 
principal  teacher  becomes  the  librarian. 

Use  of  School  Library. —  A  school  library  is  not  intended  to 
be  a  circulating  lil)rary.  It  must  be  kept  in  the  school  building  at 
all  times  and  it  forms  a  part  of  the  school  equipment.  Pupils, 
school  officers,  teachers  and  other  residents  of  the  district,  however, 
may,  when  the  rules  of  the  Commissioner  of  Education  permit,  bor- 
row any  book  in  said  library  not  needed  for  reference  in  the  school- 
rooms. Such  persons  may  not  borrow  more  than  one  book  at  a 
time  nor  keep  such  book  more  than  two  weeks. 

Books  of  Which  Library  Shall  Consist. —  School  libraries  shall 
consist  of  reference  books  to  be  used  in  the  school-room,  suitable 
supplementary  reading-books  for  pupils,  books  relating  to  the 
branches  of  study  being  pursued  in  the  school,  and  pedagogic  books 
for  the  assistance  of  teachers.     The  Commissioner  of  Education 


228  NEW   YORK   SCHOOL   LAW 

will  not  approve  a  list  including  several  copies  of  a  textbook 
upon  any  subject  for  the  use  of  pupils.  This  would  really  be 
furnishing  free  textbooks,  which  is  not  permissible. 

Books  May  be  Transferred  to  Free  Library. —  The  board  of 
education  in  any  city  or  union  free-school  district  or  the  electors 
of  any  other  district  by  legal  vote  duly  approved  by  the  Regents 
may  give  to  any  free  library  any  of  the  books  or  other  public 
school  library  property  not  required  in  the  school  library.  The 
free  library  must,  however,  be  registered  by  the  Regents  and  be 
situated  in  the  city  or  district.  Thereafter  the  school  authorities 
or  body  making  the  transfer  are  relieved  of  all  responsibility  per- 
taining to  the  property  transferred. 

Such  city  or  district  may  also  aid  by  tax  or  in  any  other  way 
in  the  establishment  of  such  free  public  library. 

REVIEW  QUESTIONS 

How  is  library  money  now  apportioned?  By  whom?  On  what  basis?" 
When?  How  does  the  money  reach  the  county  treasurer?  The  school 
dis^tricts? 

For  what  purpose  must  library  money  be  expended?  What  books  may  be 
purchased?  What  is  the  penalty  for  expending  hbrary  money  for  other 
purposes  than  for  books  approved  by  the  Commissioner  of  Education? 
What  for  failing  or  refusing  to  comply  with  the  regulations  of  the  Commis- 
sioner of  Education?  By  whom  is  the  librarian  of  a  union  free  school 
appointed?  Of  a  common  school?  Who  must  be  selected  librarian  in  either 
case?  Who  is  responsible  for  the  care  and  safe-keeping  of  a  library?  What 
reports  must  be  made  to  the  Commissioner  of  Education? 

May  a  school  library  be  used  as  a  circulating  library?  Where  must  the 
library  be  kept?  ^^'ho  may  borrow  books  from  such  library?  When?  For 
what  period?  How  many  books  at  one  time?  Of  what  books  must  such 
library  consist?  Way  duplicate  textbooks  be  purchased  for  pupils?  Why? 
To  whom  may  the  library  of  a  city  or  a  union  free-school  district  be  trans- 
ferred? Upon  what  conditions  must  such  transfer  be  made?  By  whom  is 
such  transfer  made?  When  may  a  common-school  district  make  such  trans- 
fer? What  aid  may  a  city  or  a  school  district  give  to  the  establishment  of 
this  project?  What  approvals  to  such  transfers  should  be  obtained?  What 
is  the  effect  of  sucli  transfer? 


CHAPTER  XXVT 

STATE     SCHOLARSHIPS IN      CORNELL     UNIVERSITY  —  IN     OTHER 

COLLEGES  AND   UNIVERSITIES FOR   SOLDIERS.   SAILORS,    MARINES 

AND  TRAINED  NURSES INDUSTRIAL  TEACHERS'  SCHOLARSHIPS 

IN  CORNELL   UNIVERSITY 

[Article  40] 

Origin. —  In  1862  Congress  passed  the  National  Land  Grant 
Act,  under  the  terms  of  which  each  State  received  thirty  thousand 
acres  of  pubHc  land  owned  by  the  United  States,  for  each  repre- 
sentative that  she  had  in  Congress.  This  land  was  donated  by 
the  national  government  to  the  States  and  Territories  of  the  Union 
for  the  purpose  of  establishing  colleges  for  the  benefit  of  agriculture 
and  the  mechanic  arts.  New  York  State  received  by  this  Act  nine 
hundred  ninety  thousand  acres  of  land.  The  State  Legislature  of 
1863  enacted  a  law  providing  that  the  revenue  derived  from  the  sale 
of  this  land  should  be  given,  under  certain  conditions,  to  the  author- 
ities of  the  People's  College  at  Havana.  The  authorities  of  this 
college  failed  to  meet  the  conditions  prescribed  by  the  Act  of  1863, 
and  the  Legislature  of  1865  provided  that  the  revenue  derived  from 
the  sale  of  this  land  should  be  given  to  the  authorities  of  Cornell 
L^niversity.  This  Act  of  1865  provided,  among  other  conditions, 
that  Ezra  Cornell  should  contribute  unreservedly  $500,000  to  the 
authorities  of  Cornell  L^niversity,  and  that  the  University  should 
receive  annually  one  State  scholar  free  of  tuition  for  each  assembly 
district  in  the  State.  As  Mr.  Cornell  contributed  the  amount  speci- 
fied, the  revenue  derived  from  the  sale  of  this  land  was  donated  to 
the  University.  The  amount  realized  by  the  State  from  the  sSle  of 
this  land  was  $688,576.12.  The  Legislature  of  1895  enacted  a  law 
providing  that  this  money  should  be  placed  under  the  control  of  the 
State,  and  that  the  State  should  pay  annually  to  the  trustees  of 
Cornell  University  five  per  cent  upon  this  fund.  The  L"^niversity, 
therefore,  receives  annually  $34,428.80.  The  State  scholars  in  the 
Lf^niversity  who  receive  free  tuition  include  about  one-seventh  of  the 
entire  number  of  students  attending  the  University,  and  the  Univer- 
sity receives  from  the  State  only  $34,428.80,  while  the  entire  cost  of 
maintaining  the  U^niversity  is  about  one  million  dollars  annually. 

229 


230  NEW  YORK  SCHOOL  LAW 

Number  of  Scholarships. —  The  act  creating  State  scholarships 
in  Cornell  L'niversiiy  provided  that  such  scholarships  should  be 
awarded  annually  for  each  Assembly  district  in  the  State.  At  this 
time  there  are  150  Assembly  districts,  and  this  is  the  basis  on  which 
appointments  are  now  made.  Each  scholarship  is  valid  for  four 
years,  and  as  150  appointments  are  made  each  year,  the  State  has 
600  State  scholars  in  Cornell  University  at  all  times. 

How    Awarded. —  Appointments    to    State    scholarships    are 

made  by  the  Commissioner  of  Education,  upon  the  result  of  com- 
petitive examinations  held  for  that  purpose.  Albany  county  has 
three  Assembly  districts  and  is  entitled  to  three  State  scholarships. 
The  names  of  candidates  who  take  the  examination  for  this  county 
are  arranged  in  the  order  of  their  merit,  which  is  determined  by 
their  standing  in  the  examination.  The  first  three  on  the  list  are 
assigned  to  the  scholarships  for  Albany  county,  irrespective  of  the 
Assembly  districts  in  which  they  reside.  The  same  course  is  pur- 
sued in  assigning  appointments  to  all  other  counties.  No  person 
can  be  considered  in  awarding  these  scholarships  who  did  not  attend 
the  required  competitive  examination. 

Competitive  Examinations. —  These  examinations  are  held  on 
the  first  Staurday  in  June  of  each  year  at  the  county  seat  of  each 
county  in  the  State.  The  district  superintendents  and  the  city  super- 
intendents jointly  conduct  the  examination  for  their  respective 
counties.  These  examinations  are  under  the  supervision  of  the 
Commissioner  of  Education,  and  the  questions  used  in  such  exam- 
inations are  prepared  under  his  direction.  The  subjects  in  which 
candidates  are  examined  are  designated  by  the  president  of  Cornell 
University.  These  may  change  from  year  to  year,  but  the  general 
scope  of  the  examination  for  each  year  may  be  obtained  by  writing 
the  Education  Department  for  the  annual  circular  issued  from  that 
office. 

Eligibility. —  To  be  eligible  to  enter  a  competitive  examination 
candidates  must  be  at  least  sixteen  years  of  age  at  the  beginning 
of  the  college  year  next  after  date  of  examination,  must  be  residents 
of  the  State,  and  must  have  been  in  attendance  upon  some  public 
school  or  academy  of  the  State  for  at  least  six  months  during  the 
year  immediately  preceding  the  date  on  which  such  competitive 
examination  is  held.  A  pupil  who  has  been  in  the  military  or  naval 
service  of  the  United  States  during  the  year  immediately  preceding 
such  examination  may  enter  the  same  although  not  in  attendance 
upon  instruction  in  the  common  schools  or  academies  of  the  State 
for  the  required  period  of  six  months.  Attendance  upon  an  institu- 
tion registered  as  an  academy  under  the  regulations  of  the  Uni- 
versity of  the  State  of  New  York  meets  the  requirements  of  the 
law.     Candidates  must  attend  examinations  in  the  county  in  which 


STATE    SCHOLARSHIPS  23 1 

they  actually  reside.     Students  of  either  sex  are  eligihle  to  these 
scholarships. 

Entrance  Examinations. —  All  candidates  who  receive  appoint- 
ments, but  who  do  not  hold  credentials  to  admit  them  to  the  Univer- 
sity, are  required  to  take  the  reg-ular  entrance  examinations  at  the 
University.  A  failure  to  take  this  examination  or  to  obtain  a 
standing-  therein  satisfactory  to  the  University  authorities  for- 
feits all  right  to  the  scholarship. 

Vacancies. —  If  a  vacancy  occurs  in  a  State  scholarship,  it  is 
the  duty  of  the  president  of  the  University  to  notify  the  Com- 
missioner of  Education  of  such  vacancy.  The  Commissioner  of 
Education  should  then  assign  to  such  vacant  scholarship  the 
person  standing  highest  on  the  eligible  list  of  candidates  for  the 
county  to  which  such  scholarship  belongs.  If  there  should  be  no 
person  on  the  eligible  list  for  such  county,  then  the  Commissioner 
of  Education  should  appoint  the  person  standing  highest  on  the 
eligible  list  which  is  made  up  from  all  the  counties  of  the  State. 
The  person  receiving  such  appointment  is  entitled  to  the  priv- 
ileges of  such  scholarship  for  the  remaining  period  of  the  four 
years  for  which  it  was  granted. 

Scholarship  Privileges. —  The  holder  of  a  State  scholarship  is 
entitled  to  free  instruction  in  any  department  of  the  University 
for  a  period  of  four  years. 

Leave  of  Absence. —  If  a  State  scholar  shows  to  the  satisfac- 
tion of  the  president  of  the  University  that  it  is  necessary  for  him 
to  leave  the  University  to  earn  funds  with  which  to  meet  his  liv- 
ing expenses  while  attending  the  University,  the  president  may, 
in  his  discretion,  grant  such  leave  of  absence,  and  such  State 
scholar  will  then  be  allowed  six  years  from  the  date  of  entrance 
in  the  University  in  which  to  complete  the  course. 

Under  the  provisions  of  chapter  76  of  the  Laws  of  1918  every 
person  who  shall  have  entered  the  military  or  naval  service  of 
the  United  States  since  Ai)ril  sixth,  nineteen  hundred  and  seven- 
teeen,  or  who  shall  hereafter  enter  such  service  during  the  pres- 
ent war,  and  who  at  the  time  of  such  entrance  shall  have  a  state 
scholarship  in  Cornell  University  and  was  exercising  the  rights 
and  privileges  thereunder  or  held  such  scholarship  under  a  leave 
of  absence  granted  pursuant  to  subdivision  six  of  section  ten 
hundred   and  thirty-seven  of  the  education  law,  may  reassume 


22.2  NEW  YORK  SCHOOL  LAW 

such  scholarship  and  exercise  and  enjoy  all  the  rights  and  privi- 
leges thereunder,  at  any  time  within  one  year  after  the  termination 
of  such  war. 

IN  ALL  COLLEGES  AND  UNIVERSITIES 

Number. —  Under  the  provisions  of  sections  70-77  of  the 
Education  Law  as  amended  by  L.  1913,  ch.  292,  five  State  scholar- 
ships are  awarded  annually  to  each  county  for  each  of  the  xA.ssembly 
districts  therein.  A  county,  therefore,  having  four  Assembly  dis- 
tricts would  be  entitled  to  receive  twenty  scholarships.  The  law 
further  provides  that  at  no  time  shall  there  be  more  than  twenty 
scholarships  established  and  maintained  for  each  Assembly  dis- 
trict, and  at  no  time  shall  there  be  more  than  three  thousand  such 
scholarships  for  the  entire  State.  As  there  are  one  hundred  fifty 
Assembly  districts,  and  each  district  is  entitled  to  five  scholarships 
annually,  each  Assembly  district  has  twenty  State  scholars,  and 
there  are  three  thousand  such  scholars  for  the  entire  State.  One- 
fourth  of  this  number  leave  the  college  annually  now,  as  they  have 
completed  their  courses,  and  their  places  are  taken  by  the  new 
scholars  who  are  annually  appointed.  The  State  will  therefore  con- 
tinue to  have  3,000  State  scholars  in  attendance  upon  the  colleges 
and  universities  of  the  State.  This  limitation  of  State  scholarships 
does  not  apply  to  scholarships  which  may  be  created  by  revenues  or 
income  of  trust  funds,  gifts,  devise  or  bequests. 

Scholarship  Fund.-^  A  fund  is  created  by  the  Legislature 
known  as  the  scholarship  fund  of  the  University  of  the  State  of 
New  York.     This  fund  shall  consist  of  the  following : 

a.  All  money  appropriated  to  such  fund  by  the  Legislature. 

b.  All  money  which  may  hereafter  be  given  by  gift,  grant, 
devise  or  bequest,  for  the  payment  of  such  scholarships,  and  all 
income  or  revenue  derived  from  any  trust  created  for  the  same 
purpose.  The  Regents  of  the  University,  or  the  Commissioner 
of  Education,  may  be  the  trustee  to  receive  funds  of  this  kind. 

How  Scholarships  Are  Awarded. —  Each  year  in  the  month  of 


STATE  SCHOLARSHIPS  233 

August  the  Commissioner  of  Education  is  required  to  prepare 
from  the  records  of  the  Education  Department  a  list  of  the  names 
of  all  pupils  of  each  of  the  counties  of  the  State  who  are  citizens 
and  who  become  entitled  to  college  entrance  diplomas  under 
Regents  rules  during  the  preceding  school  year.  This  list  must 
also  show  the  average  standing  of  the  pupils  in  the  several  sub- 
jects on  which  each  of  such  diplomas  was  issued. 

The  Commissioner  of  Education  is  required  to  appoint  an- 
nually, in  the  month  of  August,  for  each  county  of  the  state  those 
pupils  residing  therein  who  are  citizens  and  who  become  entitled 
to  college  entrance  diplomas  during  the  preceding  school  year. 
Such  appointments  must  be  made  in  the  order  of  the  merit  of 
such  candidates  as  shown  by  the  list  prepared  under  the  condi- 
tions stated  in  the  above  paragraph. 

The  Commissioner  of  Education  is  further  required  to  make 
another  list  of  the  names  of  pupils  on  the  lists  for  the  several 
counties  who  were  not  appointed  to  scholarships  In  the  county  of 
their  residence.  The  names  of  these  pupils  are  arranged  upon  a 
State  list  in  the  order  of  their  merit  and  determined  upon  their 
average  standings  on  the  several  county  lists.  As  unclaimed 
vacant  scholarships  occur  in  any  county  of  the  State  such  vacancy 
shall  thereafter  be  filled  by  appointment  from  this  State  list. 

Vacant  Scholarships. —  A  pupil  who  is  entitled  to  a  scholarship 
and  is  notified  thereof  must  accept  the  same  within  thirty  days  * 
after  being  notified.  The  court  has  held  that  a  student  in  attend- 
ance upon  a  high  school,  who  is  entitled  to  a  college  entrance 
diploma  under  Regents  rules,  is  not  thereby  entitled  to  receive 
an  appointment  to  a  scholarship,  but  that  such  student  must  make 
written  application  for  a  college  entrance  diploma  within  the 
time  limit  specified  under  Regents  rules. 

The  court  refused  to  direct  the  Commissioner  of  Education  to 
include  in  the  list  of  persons  entitled  to  scholarships  the  name  of 
a  student  who  had  earned  a  college  entrance  diploma,  but  who 


234  ^'liW    YORK    SCHOOL    LAW 

had  failed  to  make  application  therefor  as  required  under  Regents 
rules.     (Carnes  v.  Finley,  98  Misc.  390.) 

Failure  to  file  such  acceptance  vitiates  the  right  to  receive  such 
scholarship.  I'ailure  to  comply  with  the  rules  of  the  Regents 
forfeits  a  scholarship.  A  scholarship  may  also  for  proper  cause 
be  revoked  and  a  vacancy  thereby  occur.  When  a  vacancy 
occurs  in  a  county  the  pupil  from  that  county  standing  next  high- 
est on  the  list  is  entitled  to  be  appointed  to  such  vacancy.  If  the 
vacant  scholarship  is  not  claimed  by  a  resident  of  the  county  in 
which  the  vacancy  occurs,  or  if  there  be  no  resident  entitled  to 
appointment  in  the  county,  the  vacancy  is  filled  by  making  ap- 
pointment from  the  .State  list  in  the  order  in  which  the  candidates 
are  arranged  thereon. 

But  under  the  provisions  of  chapter  257  of  the  Laws  of  1918 
a  pupil  entitled  to  a  college  entrance  diploma  under  Regents' 
rules  who  failed  to  apply  therefor  within  the  time  required  by 
such  rules  to  entitle  him  to  a  scholarship,  and  a  pupil  whose 
name  would  have  been  included  in  the  list  of  names  of  candidates 
to  be  considered  in  the  award  of  scholarships  as  provided  herein 
except  for  errors  or  inadvertencies  in  the  preparation  of  such  list 
may  apply  to  the  Regents  of  the  University  for  a  scholarship  and 
if  it  shall  appear  to  the  satisfaction  of  the  said  Regents  that  there 
was  reasonable  cause  for  the  failure  of  such  pupil  to  apply  for 
such  college  entrance  diploma  as  required  by  Regents'  rules,  or 
that  an  error  or  inadvertency  occurred  in  the  preparation  of  the 
list  of  candidates  for  such  scholarships  and  it  shall  appear  that 
except  for  such  failure,  error  or  inadventency  the  applicant  would 
have  received  a  scholarship,  the  Regents  may  award  a  scholar- 
ship to  such  pupil  and  such  scholarship  shall  be  issued  and  pay- 
ments shall  be  made  thereon  out  of  moneys  available  therefor 
in  the  same  manner  as  other  scholarships  are  issued  and  paid. 

Scholarship  Certificate. —  A  pupil,  notified  of  his  right  to  a 
scholarship,  who  accepts  the  same,  is  entitled  to  receive  from  the 


STATE    SCHOLARSHIPS 


235 


Commissioner  of  Education  a  scholarship  certificate  setting  forth 
such  right. 

Revocation  of  Scholarship. —  The  Commissioner  of  Education 
is  authorized  to  revol-ce  a  scholarship.  After  such  scholarship  is 
revoked  the  holder  thereof  is  entitled  to  no  further  rights  therein. 
A  vacancy  also  exists  which  may  be  filled  as  provided  under  the 
Scholarship  Law.  A  scholarship  may  be  revoked  for  failure  to 
comply  with  Regents'  rules  in  respect  to  the  use  of  such  scholar- 
ships, for  failure  to  observe  rules,  regulations  or  conditions  pre- 
scribed by  a  college  in  relation  to  the  students  attending  the 
same,  or  for  suspension  or  expulsion  from  college,  or  absence 
therefrom  without  proper  leave. 

Rights  Under  Scholarship. —  The  holder  of  a  scholarship  is 
entitled  to  attend  any  college  or  university  in  the  State  approved 
by  the  Regents  for  a  period  of  four  years,  and  may  pursue  any 
course  of  instruction  given  in  such  college  or  university  except 
professional  instruction  in  law,  medicine,  dentistry,  veterinary 
medicine,  or  theology. 

Each  State  scholar  is  entitled  to  receive  $100  each  year  for  a 
period  of  four  years,  to  aid  him  in  the  completion  of  a  college 
education.  This  amount  is  paid  in  two  equal  payments  of  $50 
each.  One  payment  is  made  on  the  first  day  of  October  and  the 
other  on  the  first  day  of  March.  These  payments  are  made  upon 
vouchers,  or  evidence  showing  that  the  persons  holding  such 
scholarships  are  in  attendance  upon  an  approved  college  and  com- 
plying with  such  other  regulations  as  the  Regents  have  prescribed. 

State  Scholarships  for  Soldiers,  Sailors,  Marines  and  Trained 
Nurses. —  Four  hundred  and  fifty  State  scholarships  are  estab- 
lished for  the  benefit  of  resident  soldiers,  sailors  and  marines  who 
shall  have  served  as  such  in  the  army,  navy  or  marine  corps  of 
the  United  States  in  the  world  war  and  been  honorablv  dis- 
charged from  such  service,  trained  nurses  Avith  a  similar  record 
of  service  and  Avho  shall  have  or  acquire  the  necessary  quali- 
fications as  to  secondary  or  other  preparatory  education  to  be 
required  by  the  Commissioner  of  Education  under  rules  and 
regulations  to  be  established  by  him.  Each  of  these  scholarships 
entitles  the  holder  to  his  tuition,  in  a  sum  not  exceeding  one 
hundred  dollars  per  year,  in  any  college,  university,  normal, 
technical   or   trade   school   of  his   selection,   located   within   the 


236  NEW  YORK  SCHOOL  LAW 

State,  such  tuition  to  be  paid  by  the  State  together  with  an  addi- 
tional sum  of  one  hundred  dollars  per  year  for  the  maintenance 
of  the  holder  of  each  of  such  scholarships  while  in  attendance 
upon  instruction  under  such  scholarship;  provided,  however,  that 
no  such  annual  payment  shall  be  made  to  the  same  individual 
for  a  period  longer  than  three  years. 

INDUSTRIAL  TEACHERS'  SCHOLARSHIPS 

Number. —  The  Commissioner  of  Education  is  authorized  to 
award,  within  the  appropriation  made  for  such  purpose,  indus- 
trial teachers'  scholarships,  under  rules  and  regulations  of  the 
Regents  of  the  University  of  the  State  of  New  York,  which  shall 
entitle  the  holders  thereof  to  receive  from  the  State  the  sum  of 
not  more  than  fifteen  hundred  dollars  each  for  the  maintenance 
and  support  for  the  term  of  one  year  while  in  attendance  upon 
the  vocational  department  of  a  State  normal  school  or  schools. 

Eligibility. —  Only  such  men  as  shall  possess  satisfactory  edu- 
cational qualifications  in  the  opinion  of  the  Commissioner  of 
Education,  and  who  have  had  at  least  five  years  of  successful 
experience  in  a  trade,  industrial  or  technical  occupation,  shall  be 
eligible  to  receive  such  scholarships. 

REVIEW  QUESTIONS 

Explain  fully  the  origin  of  State  scholarships  in  Cornell  University.  How 
many  scholarships  are  awarded  each  year?  By  whom  are  appointments  to 
these  scholarships  made?  Explain  fully  how  they  are  made.  Explain  fully 
how  the  competitive  examinations  are  conducted.  Who  are  eligible  to  enter 
these  examinations?  Where  must  candidates  attend  examinations?  What 
is  the  ruling  in  relation  to  State  scholars  taking  entrance  examinations  at 
the  University?  Explain  how  vacancies  are  filled  in  the  University.  What 
privileges  does  a  scholarship  confer?  By  whom  may  a  leave  of  absence  be 
granted  to  a  Staite  scholar?     For  what  purpose? 

How  many  State  scholarships  are  awarded  annually  in  each  county?  What 
limitation  is  there  placed  upon  the  number  of  scholarships?  Of  what  does 
the  scholarship  fund  consist?  Explain  how  scholarships  are  filled.  When  are 
appointments  made?  By  whom?  How  may  a  scholarship  be  vacated?  How 
are  vacancies  filled?  What  entitles  one  to  a  scholarship  certificate?  Who 
may  revoke  a  scholarship?  On  what  ground  may  one  be  revoked?  What 
rights  as  to  college  attendance  does  a  scholarship  confer?     As  to  funds? 

How  many  industrial  scholarships  may  be  awarded?  What  entitles  one 
to  industrial    scholarship? 


CHAPTER  XXVII 

STATE    NORMAL    INSTITUTIONS 

[Article  32] 

Historical  Sketch. —  There  are  ten  State  normal  schools  in  the 
State  and  one  State  normal  college.  Their  location  and  the  dates 
on  which  they  were  established  and  opened  are  as  follows : 

Estab- 

LocATiON  lished     Opened 

State  College   for  Teachers 1844  1844 

Brockport 1866  1867 

Buffalo 1867  1871 

Cortland 1866  1869 

Fredonia 1866  1868 

Geneseo 1867  1871 

New  Paltz 1885  1886 

Oneonta 1887  1889 

Oswego  1863  1863 

Plattsburg 1889  1890 

Potsdam 1866  1869 

The  Legislature  of  1917  authorized  the  establishment  of  an  addi- 
tional State  normal  school  in  Westchester  county.  A  site  has  been 
secured  in  the  city  of  White  Plains. 

The  first  .school  at  Albany  was  simply  an  experiment  and  was  only 
temporarily  established.  It  was  made  a  permanent  institution  in 
1848.  In  1890,  this  school  was  changed  to  the  State  Normal  College 
and  in  1914  to  State  College  for  Teachers.  Since  the  establishment 
of  these  institutions  about  30,000  students  have  been  graduated 
therefrom.  They  are  now  attended  by  about  10,000  pupils  annually 
and  maintained  at  an  annual  expenses  of  nearly  one  million  dollars. 
The  value  of  the  property  of  these  schools  is  more  than  $3,600,000. 

The  Object. —  The  acts  creating  these  schools  state  their  estab- 
lishment to  be  "  for  the  instruction  and  practice  of  teachers  of 
common  schools  in  the  science  of  education  and  the  art  of  teaching." 

^17 


238 


NEW    YORK    SCHOOL    LAW 


How  Establisheed. —  Normal  schools  are  established  by  special 
act  of  the  State  Legislature.  There  is  no  general  law  providing 
for  their  creation. 

How  Governed. —  The  Commissioner  of  Education  has  general 
supervision  of  these  schools.  Each  school,  however,  has  a  local 
board,  whose  members  are  appointed  for  life  by  the  Commissioner 
of  Education.  As  vacancies  occur,  either  by  death  or  resignation, 
they  are  filled  by  appointment  by  the  Commissioner  of  Education. 
The  local  board  must  consist  of  not  less  than  three  and  not  more 
than  thirteen  members.  (The  board  of  trustees  of  the  State  Col- 
lege for  Teachers  consists  of  five  members.)  The  number  on  each 
board  varies,  ranging  from  six  to  thirteen.  The  present  policy  is 
to  maintain  boards  of  seven.  Members  of  a  local  board  can  be 
removed  by  the  joint  action  of  the  Commissioner  of  Education  and 
the  Chancellor  of  the  University  of  the  State  of  New  York.  A 
majority  of  the  members  of  a  local  board  constitutes  a  quorum  for 
the  transaction  of  business. 

Powers  and  Duties  of  Local  Board. —  i.  The  local  board  is  re- 
quired to  establish  rules  and  regulations  for  the  general  government 
of  the  school  under  its  direction  subject  to  the  approval  of  the  Com- 
missioner of  Education. 

2.  The  local  board  is  required  to  make  an  annual  report  in  such 
form  and  giving  such  information  as  the  Commissioner  of  Education 
shall  direct.  This  report  is  submitted  to  the  State  Legislature 
through  the  Commissioner  of  Education. 

3.  Local  boards  are  the  custodians  of  the  buildings  and  grounds 
of  their  respective  schools  and  of  all  other  property  of  the  State 
pertaining  thereto. 

4.  Local  boards  are  authorized  to  appoint  special  policemen  to 
protect  the  buildings  and  grounds  and  to  preserve  peace.  These 
officers  have  power  to  arrest  offenders. 

5.  It  is  the  duty  of  local  boards  to  supply  these  schools  with 
necessary  equipments  and  supplies. 

6.  Local  boards  may,  with  the  approval  of  the  Commissioner  of 
Education,  accept  for  the  State  money  or  property  of  any  kind  to 
be  used  for  the  general  support  of  these  schools  as  may  be  prescribed 
by  the  instrument  making  the  gift. 

7.  Local  boards  employ  and  contract  with  the  teachers  employed 
in  their  respective  schools. 

8.  A  local  board  has  power  to  dismiss  pupils. 


STATE    NORMAL    INSTITUTIONS  239 

Principal. —  The  principal  is  the  chief  executive  officer  for  the 
board  and  has  the  immediate  supervision  of  all  work  pertaining  to 
the  management  of  the  school  and  the  instruction  given  therein. 

Powers  and  Duties  of  Commissioner  of  Education, —  The 
Commissioner  of  Education  is  directed  by  law  to  appoint  members 
of  the  local  board,  he  determines  the  number  of  teachers  to  be 
employed  and  the  amount  of  compensation  to  be  paid  them,  he 
approves  the  appointment  of  teachers,  and  also  prescribes  the  courses 
of  study. 

He  is  also  empowered  to  prescribe  the  conditions  upon  which 
pupils  will  be  admitted  to  these  schools,  and  to  determine  the  num- 
ber which  may  be  admitted  to  each  institution. 

Admission  of  Pupils. —  To  be  admitted  to  a  normal  school, 
candidates  must  be  at  least  sixteen  years  of  age  and  must  receive 
an  appointment  from  the  district  superintendent  of  the  supervisory 
district  or  from  the  superintendent  of  schools  of  the  city  in  which 
such  candidates  reside.  Candidates  must  present  a  diploma  of 
graduation  from  the  four-year  course  prescribed  by  the  Commis- 
sioner of  Education  for  admission  to  normal  schools  and  city  train- 
ing schools  under  the  provisions  of  section  551  of  the  Education 
Law. 

Candidates,  twenty-one  years  of  age,  who  have  had  two  years 
of  high  school  work,  or  its  eciuivalent,  and  in  addition  thereto 
have  taught  two  years,  will  be  admitted  to  the  normal  school  on 
the  understanding  that  they  must  complete  the  high  school  course  in 
addition  to  the  professional  course  before  they  shall  be  graduated. 

Graduates  of  training  classes  who  entered  the  class  upon  an  aca- 
demic diploma  and  who  have  taught  one  year  since  graduation  from 
the  training  class  may  complete  the  professional  course  in  the 
normal  school  in  one  year  if  they  possess  the  required  aptitude  for 
training. 

Privileges  of  Pupils. —  Residents  of  the  .State  regularly  ad- 
mitted to  a  normal  school  cannot  be  charged  tuition  and  cannot 
be  charged  for  the  use  of  books  or  apparatus.  Pupils,  however, 
are  chargeable  for  books  lost  by  them  or  damaged  while  in  their 
possession. 

Dismissal  of  Pupils. —  The  local  board  may  dismiss  pupils  for 
disorderly  or  immoral  conduct  or  for  neglect  or  inability  to  perform 
their  work,  or  for  a  failure- to  coinply  with  the  regulations  of  the 
school  upon  which  they  are  in  attendance. 
16 


240  NEW    YORK    SCHOOL    LAW 

Non-Resident  Pupils. —  Pupils  who  are  not  residents  of  the 
State  may  be  admitted  to  these  schools  upon  paying  such  tuition  as 
the  Commissioner  of  Education  shall  prescribe,  which  is  $20  per 
term. 

Indian  Pupils. —  The  State  Treasurer  is  authorized  to  pay  on 
the  warrant  of  the  State  Comptroller  to  the  Commissioner  of  Edu- 
cation such  sum  as  may  be  appropriated  for  the  support  and  educa- 
tion of  Indian  youth  in  the  State  normal  institutions. 

These  pupils  must  be  selected  by  the  Comimissioner  of  Education 
from  the  several  Indian  tribes  in  the  State  so  as  to  distribute  such 
selections  equitably  among  these  tribes.  They  must  not  be  under 
sixteen  years  of  age.  and  they  are  not  entitled  to  more  than  three 
years'  education  in  such  school.  The  local  board  is  made  the 
guardian  of  such  pupils  while  they  are  in  attendance  upon  such 
institution,  and  such  board  is  authorized  to  pay  the  necessary 
expenses  of  such  pupils,  from  the  funds  provided  for  such  purpose. 

Courses  of  Study. —  Each  of  the  normal  schools  has  a  two- 
years'  professional  course.  The  course  is  practically  the  same  in 
all  the  schools.  Some  also  have  a  special  kindergarten  and  primary 
course.  These  courses  are  prescribed  by  the  Regents  of  the  Uni- 
versity. Special  courses  in  kindergarten,  domestic  art  and  science 
and  other  vocational  courses  are  given  in  these  schools. 

Diplomas. —  The  Commissioner  of  Education  prepares  diplo- 
mas, which  are  granted  to  those  who  complete  a  course  of  study  in 
these  institutions.  These  diplomas  are  signed  by  the  Com.missioner 
of  Education,  the  chairman  and  secretary  of  the  local  board,  and  the 
principal  of  the  school.  State  College  for  Teachers  diplomas  are 
signed  by  the  Commissioner  of  Education,  and  the  President  of 
the  college.  Such  diplomas  entitle  their  holders  to  teach  for  life  in 
the  public  schools  of  the  State.  They  may  be  revoked  by  the  Com- 
missioner of  Education  for  cause.  The  diplomas  show  the  course 
of  study  which  was  pursued. 

Application  of  Tuition. —  Local  boards  could  formerly  expend 
the  tuition  received  from  any  department  of  their  respective  schools 
for  apparatus,  furniture,  repairs,  insurance,  improvements  upon 
the  grounds  or  buildings,  or  for  ordinary  current  expenses.  It  is 
now  paid  into  the  State  treasury  but  is  appropriated  by  the  Legis- 
lature to  the  schools  which  collected  it. 

Local  Authorities  May  Insure  Normal  School  Property. — The 
authorities  of  each  city  or  village  in  which  a  State  normal  school  is 


STATE    NORMAL    INSTITUTIONS  241 

located  may  insure  the  real  and  personal  property  of  such  school 
when  the  State  refuses  to  keep  adequate  insurance  on  such  prop- 
erty. Such  insurance  must  be  in  the  name  of  the  State,  and  any 
money  obtained  therefrom  must  be  used  to  repair  or  replace  the 
property  damaged  or  destroyed. 

Application  of  Insurance  Money. —  Whenever  money  is 
realized  from  insurance  of  the  property  or  buildings  of  normal 
schools,  such  money  must  be  deposited  by  the  company  in  which 
such  property  is  insured  in  a  bank  designated  by  the  State  Comp- 
troller. It  must  be  placed  to  the  credit  of  the  local  board  of  such 
school  and  kept  as  a  separate  fund.  Such  money  may  be  imme- 
diately used  by  the  local  board  of  the  school  to  which  it  belongs 
upon  the  approval  of  the  Commissioner  of  Education,  to  repair  or 
replace  in  whole  or  in  part  the  property  damaged  or  destroyed. 

Academic  Departments. —  In  some  normal  schools,  academic 
departments  are  maintained  by  the  State  for  the  benefit  of  the 
localities  in  which  such  normal  schools  are  located.  Children  of 
school  age  residing  within  the  bounds  of  such  localities  are  entitled 
to  attend  such  schools.  This  is  done  in  consideration  of  certain 
privileges  conferred  upon  such  school  by  these  localities  at  the 
time  such  normal  schools  were  created.  Non-resident  pupils  can- 
not lawfully  be  permitted  to  attend  the  academic  departments  of 
these  schools. 

Removal  of  Teachers. —  The  principal  and  any  teacher  em- 
l)loyed  in  a  normal  school  may  be  removed  upon  joint  action  of  the 
local  board  and  the  Commissioner  of  Education.  The  initiatory 
steps  in  these  proceedings  should  be  taken  by  the  local  board.  In 
June,  1880,  Superintendent  Gilmour  demanded  the  resignation  of 
Principal  Hoose,  of  the  Cortland  normal  school.  Principal  Hoose 
refused  to  resign.  In  July,  Superintendent  Gilmour  withdrew  his 
approval  of  the  appointment  of  Principal  Hoose  and  appointed 
another  principal,  whom  the  local  board  would  not  approve.  The 
case  was  taken  to  the  courts,  and  in  Ai)ril,  1882,  the  Court  of 
Appeals  decided  the  case  in  favor  of  Principal  Hoose  and  the  local 
board,  on  the  grotmd  that  joint  action  of  the  board  and  Superin- 
tendent was  necessary  to  remove  the  principal,  and  that  the  Super- 
intendent did  not  possess  the  power  of  removal. 

The  Court  of  Claims  in  1884,  awarded  Dr.   Hoose  payment  in 
full  for  his  salary,  except  for  the  time  he  was  elsewhere  employed, 


242  NEW    YORK   SCHOOL   LAW 

between  the  beginning  of  the  litigation  and  the  decision  of  the 
Court  of  Appeals.     (People  ex  rel.  Gilmour  v.  Hyde,  89  N.  Y. 

44.) 

Special  Powers  for  Fredonia  School. —  The  practice  depart- 
ment of  the  Fredonia  normal  school  is  treated  as  a  union  free- 
school  district. 

Jamaica  School. —  This  school  was  established  in  1893  and 
opened  in  1897.  It  was  transferred  by  chapter  524,  Laws  of 
1905,  to  the  control  of  New  York  city. 


RETIREMENT   OF  TEACHERS 
[Article  43a] 

In  1910  the  Legislature  enacted  a  law  providing  for  the  retire- 
ment of  teachers  employed  in  State  institutions.  It  was  the  first 
law  of  this  character  enacted  in  the  history  of  the  State.  It 
applied  to  teachers  employed  for  a  certain  period  of  time  in  a 
college,  university,  school  or  institution  maintained  and  sup- 
ported by  the  State  and  to  teachers  in  schools  for  the  deaf  and 
dumb  and  blind  receiving  pupils  whose  instruction  and  support 
were  paid  for  by  the  State.  It  applied  particularly  to  the  teachers 
employed  in  the  State  normal  schools. 

By  the  provisions  of  chapter  568  of  the  Laws  of  1921  the 
teachers  employed  in  the  State  College  for  Teachers  and  the 
State  normal  schools  are  to  be  considered  as  teachers  subject  to 
the  provisions  of  article  43b  of  the  Education  Law  which  relates 
to  the  retirement  of  teachers  employed  in  the  several  school 
districts  of  the  State.  The  retirement  law  of  1910  for  teachers 
employed  in  State  institutions  was  repealed  by  this  law  except 
as  to  employees  now  covered  by  it.  As  to  these,  the  repeal  takes 
effect  July  i,  1925.  The  pensions  of  all  pensioners  drawing 
pensions  under  the  provisions  of  the  repealed  retirement  law  on 


REVIEW  QUESTIONS  243 

June  30  of  the  year  in  which  such  law  is  repealed  are  to  be  con- 
tinued and  paid. 


REVIEW  QUESTIONS 

liow  many  normal  schools  are  there  in  the  State?  When  was  the  first 
one  established?  Where?  When  was  it  made  permanent?  What  change 
was  made  in  this  school  in  1890?  In  1914?  How  many  persons  have  been 
graduated  from  these  institutions?  What  is  the  annual  attendance? 
What  does  it  cost  annually  to  maintain  them?  What  is  the  value  of 
their  property?  What  is  the  object  of  these  institutions?  How  are  they 
established? 

Who  has  general  supervision  of  these  schools?  What  local  authority 
has  supervision  of  these  schools?  How  is  the  local  board  chosen?  For 
what  period?  Who  is  the  executive  officer  of  the  board?  Of  how  many 
members  does  the  local  board  consist?  How  may  members  of  this  board 
be  removed?  What  is  the  board  in  charge  of  the  State  College  for 
Teachers  called?  Of  how  many  members  does  it  consist?  What  are  the 
duties  of  the  local  board  in  relation  to  establishing  regulations?  In  sub- 
mitting reports  to  Legislature?  In  caring  for  buildings  and  other  prop- 
erty? In  appointing  special  policemen?  In  supplying  schools  with 
equipments?  In  accepting  gifts  made  to  the  schools  for  the  State?  In 
employing  teachers?  In  dismissing  teachers?  State  fully  the  powers  and 
duties  of  the  Commissioner  of  Education. 

Who  may  be  admitted  to  these  schools?  By  whom  are  appointments 
made?    By  whom  approved?   What  certificates  of  proficiencj^  are  accepted? 

To  what  privileges  are  pupils  entitled?  Who  may  dismiss  pupils?  For 
what  reasons?  Upon  what  conditions  are  non-resident  pupils  admitted? 
Who  are  non-resident  pupils?  What  amount  is  the  State  Comptroller 
authorized  to  pay  each  year  for  the  support  and  education  of  Indian  youth 
in  these  schools?  How  many  of  such  youth  may  be  educated  from  such 
fund?  How  are  they  chosen?  What  must  be  their  age?  How  many 
years  may  they  attend  these  schools?  Who  is  made  guardian  of  these 
pupils?     What  amount  may  be   expended   each  year  upon   these  pupils? 

What  courses  of  study  do  these  schools  have?  Arc  these  courses  uni- 
form? By  whom  are  they  prescribed?  Who  receive  diplomas  from  these 
schools?  By  whom  are  such  diplomas  prepared?  By  whom  are  they 
signed?  What  privilege  do  such  diplomas  confer?  For  what  may  they 
be  revoked? 


244  NEW   YORK   SCHOOL   LAW 

How  may  tuition  money  be  expended??  Where  must  money  derived 
from  insurance  be  deposited?  What  application  may  be  made  of  such 
money?  What  are  academic  departments  in  these  schools?  How  were 
they  created?  Who  may  attend  these  departments?  Can  non-resident 
pupils  be  admitted?  How  may  a  teacher  be  removed?  Give  details  of  the 
case  relating  to  the  removal  of  Principal  Hoose,  of  Cortland. 


CHAPTER  XXVIII 
teachers'  training  classes,  training  schools 
teachers'  training  classes 

[Article  31] 

Historical  Sketch. —  Training  classes  were  organized  in  the 
academies  as  early  as  1821,  In  1827  the  Legislature  increased  the 
amount  of  the  literature  fund,  and  one  of  the  purposes  for  such 
increase  as  specified  in  the  law  was  to  "  promote  the  training  of 
teachers."  In  1834  an  act  was  passed  providing  for  the  organiza- 
tion of  Teachers'  Training  Classes.  They  were  under  the  super- 
vision of  the  Board  of  Regents  from  that  year  until  1889,  when  their 
supervision  was  transferred  by  an  act  of  the  Legislature  to  the 
State  Superintendent  of  Public  Instruction. 

Object. —  Teachers'  Training  Classes  are  organized  to  give  in- 
struction in  the  science  and  practice  of  common-school  teaching  to 
persons  who  desire  to  become  teachers  in  the  public  schools  of  the 
State.     These  teachers  are  trained  generally  for  the  rural  schools. 

Institutions  Which  May  Organize  Them. —  Academies  and 
union  free  schools  are  the  only  institutions  in  which  these  training 
classes  may  be  organized,  and  only  such  of  these  institutions  as  the 
Commissioner  of  Education  designates.  So  many  of  the  oIq  acad- 
emies have  been  merged  with  the  public  school  system  that  these 
classes  are  now  maintained  in  union  free-school  districts  only. 

How  Such  Institutions  are  Designated. —  The  Commisssioner 
of  lulucation  has  authority,  by  law.  to  adopt  regulations  by  which 
institutions  desiring  the  appointment  to  organize  training  classes 
must  be  governed.  (As  these  regulations  may  be  changed  at  any 
time  by  the  Commissioner  of  Education  they  are  not  given  in  this 
work,  but  may  be  obtained  froin  the  University  upon  application.) 
The  regulations  are  submitted  by  him  to  the  Board  of  Regents  for 
approval. 

An  institution  desiring  an  appointment  to  instruct  a  class  should 
obtain  a  blank  application   from  the  Commissioner  of  Education, 

245 


246 


NEW    YORK    SCHOOL    LAW 


supply  the  information  called  for  in  such  blank,  and  then  file  it  in 
the  State  Department  at  Albany.  This  application,  properly  filled 
out,  should  be  filed  not  later  than  May  ist,  and  appointments  made 
on  such  applications  are  for  the  school  year  beginning  on  the  first 
day  of  August  following.  From  the  applications  filed  the  Com- 
missioner of  Education  selects  those  institutions  which  are  the  best 
equipped  for  the  work  and  the  selection  of  which  will  distribute 
such  classes  throughout  the  supervisory  districts  of  the  State  so  as 
to  give  equal  advantages,  as  far  as  possible,  to  the  people  of  all 
parts  of  the  State.  The  number  of  appointments  which  may  be 
made  for  any  year  is  a  matter  of  discretion  on  the  part  of  the 
Commissioner  of  Education,  but  cannot  exceed  115. 

Number  of  Pupils  in  Class. —  Xo  class  can  legally  be  formed 
with  a  membership  of  less  than  ten  or  more  than  twenty-five. 

Period  of  Instruction. — A  class  cannot  legally  be  organized 
for  a  shorter  period  than  thirty-six  weeks,  and  it  is  within  the 
authority  of  the  Commissioner  of  Education  to  require  a  longer 
period.  Under  this  authority  the  Commissioner  of  Education  re- 
quires the  organization  of  a  class  to  be  for  two  terms  of  not  less 
than  eighteen  nor  more  than  twenty  weeks  each.  The  Commis- 
sioner has  also  established  a  regulation  requiring  the  amount  of 
instruction  in  these  classes  for  each  day  to  consist  of  five  periods 
of  forty-five  minutes  each  in  addition  to  the  observation  and  prac- 
tice teaching  required. 

Tuition. —  Xo  pupil  admitted  to  these  classes  and  remaining 
therein  the  period  required  under  the  regulations  of  the  Commis- 
sioner of  Education  can  lawfully  be  charged  for  such  attendance, 
A  non-resident  pupil  who  is  a  member  of  a  training  class  and  who 
leaves  such  class  within  the  prescribed  period  without  the  consent 
of  the  Commissioner  of  Education  m^y  be  charged  tuition  by  the 
school  authorities  of  the  district  in  which  such  training  class  is 
organized,  at  the  rate  charged  non-resident  pupils  who  are  in  at- 
tendance upon  such  school  but  who  are  not  members  of  a  training 
class. 

Compensation  Allowed. — An  institution  maintaining  a  training 
class  of  not  less  than  ten  pupils  regularly  organized  and  conform- 
ing to  the  regulations  prescribed  by  the  Commissioner  of  Education 
is  entitled  to  receive  $700  from  the  State.  The  teacher  employed 
for  training  class  instructor  may  also  be  reported  for  a  teachers' 
quota  and  thus  entitle  the  district  to  an  additional  $100.     In  case 


TEACHERS     TKAI^lAG  CLASSES,   ETC.  247 

a  pupil  has  not  been  in  attendance  the  required  period,  or  a  class 
has  not  been  held  for  the  full  period  of  thirty-six  weeks  or  there 
have  been  less  than  ten  members  in  attendance  upon  such  class, 
the  Commissioner  of  Education  may,  in  his  discretion,  make 
such  allowance  as  he  deems  advisable,  not  to  exceed  $700,  to  the 
institution  in  which  such  class  was  instructed,  notwithstanding 
its  failure  to  maintain  the  training  class  with  the  required  num- 
ber of  members  and  for  the  term  prescribed. 

This  money  is  paid  by  the  State  Comptroller  on  the  certificate 
of  the  Commissioner  of  Education  to  the  district  entitled  to 
receive  it.  The  money  is  then  the  property  of  the  district  and 
may  be  used  for  school  purposes  as  the  district  directs,  except 
that  such  money  cannot  be  paid  as  extra  compensation  to  a 
teacher  or  teachers  who  receive  a  fixed  salary. 

Training  Class  Fund. —  The  amount  of  this  fund  is  determined 
annually  by  the  Legislature.  The  Legislature  appropriated  for 
1918-1919  $90,000  from  the  free  school  fund  for  the  support  of 
these  classes  and  training  schools.  Of  this  amount  $36,033  was 
paid  for  maintenance  of  training  classes  and  the  balance  of 
$53,967  to  cities  for  support  of  training  schools. 

Duties  of  District  Superintendents. —  District  Superintendents 
are  directed  by  law  to  visit  and  inspect  training  classes,  to  advise 
and  assist  principals  in  the  organization  and  management  of  such 
classes,  to  conduct  examinations  f(jr  such  classes  as  directed  by 
the  Commissioner  of  Education  and  to  issue  certificates  in  the  form 
prescribed  by  the  Commissioner  of  Education  to  those  members 
of  classes  who  have  met  the  requirements  of  the  law  and  the  regu- 
lations of  the  Commissioner  of  Education. 

Requirements  for  Admission. —  To  be  eligible  to  be  received  in 
membership  in  a  teachers'  training  class,  an  applicant  must  have 
completed  the  equivalent  of  at  least  three  years'  approved  work  in 
a  high  school.  Announcement  was  made  that  in  19 18  the  require- 
ments for  admission  to  such  classes  will  be  advanced  to  graduation 
from  an  approved  four-year  course,  but  these  advance  requirements 
will  not  go  into  effect  until  further  notice. 

Training-class  Certificates. — A  training-class  certificate  issued 
between  January  t,  1806,  and  August  i,  1905,  is  valid  for  three 
years  and  entitles  its  holder  to  teach  in  any  public  school,  during  its 
validity,  in  the  commissioner  district  for  which  it  is  issued.  Ui")on 
its  expiration  it  may  be  renewed  for  a  period  of  fiive  years  wthout 
further  examination.     Tt  must  also  be  indorsed  bv  anv  district  su- 


248  NEW   YORK   SCHOOL   LAW 

perintendent  in  the  State,  when  presented  to  him  for  that  purpose. 
These  certificates  issued  after  August  i,  1905,  entitle  their  holders 
to  teach  in  those  schools  only  which  do  not  maintain  an  academic 
department.  A  holder  of  a  training  class  certificate  who  is  also  a 
high  school  graduate  and  who  has  taught  successfully  for  three 
years  since  completing  the  training  class  course,  may  receive  a 
form  of  training  class  certificate  which  will  entitle  her  to  teach  in 
the  grades  of  a  school  which  maintains  an  academic  department. 
Upon  their  expiration  they  may  be  renewed  for  a  period  of  five 
years,  provided  the  holder  thereof  has  taught  successfully  three  of 
the  five  years  for  which  the  certificate  was  issued. 

Regulations  for  Classes. —  To  the  Commissioner  of  Education 
is  given  the  authority  to  establish  regulations,  for  the  instruction  and 
management  of  training  classes,  to  prescribe  the  course  of  study  for 
such  classes,  and  to  determine  the  conditions  upon  which  pupils 
will  be  admitted  to  such  classes. 

No  person  can  receive  a  certificate  who  is  under  the  age  of 
eighteen  years,  and  as  pupils  are  required  to  be  under  instruction  in 
a  training  class  one  year,  candidates  for  membership  in  such  classes 
must  be  at  least  seventeen  years  of  age.  (Complete  regulations 
may  be  obtained  upon  application  to  the  Commissioner  of  Educa- 
tion.) 

CITY  TRAINING  SCHOOLS 

[Section  794,  Article  31] 

Any  city  in  the  State,  or  any  district  of  5,000  or  more  population 
in  the  State,  employing  a  superintendent  of  schools,  may  establish 
and  maintain  schools  or  classes  for  the  professional  training  and 
instruction  of  teachers  for  not  less  than  two  years. 

The  law  also  provides  that  no  person  is  eligible  to  membership  in 
one  of  these  training  schools  or  classes  who  has  not  been  graduated 
from  a  high  school  or  academy  having  a  three  years'  course  of 
instruction  approved  by  the  Commissioner  of  Education,  or  from 
some  other  institution  of  equal  or  higher  rank.  The  Commissioner 
of  Education  may  prescribe  higher  qualifications  and  he  has  exer- 
cised this  discretion  by  providing  that  all  persons  admitted  to 
training  schools  shall  have  completed  an  approved  four  years' 
academic  course.  The  course  of  study  of  such  training  schools  or 
classes  must  also  be  approved  by  the  Commissioner  of  Education. 

The  Commissioner  of  Education  is  also  authorized  to  apportion 
to  each  city  maintaining  a  training  school  or  class  under  the  pro- 


REVIEW  .  QUESTIONS  249 

visions  of  this  law  and  the  regulations  which  he  prescribes  the  bal- 
ance of  the  annual  appropriation  for  training  classes  and  training 
schools  after  apportioning  the  training  classes  the  amount  to  which 
they  are  entitled.  This  balance  must  be  apportioned  ratably  ac- 
cording to  the  aggregate  attendance  of  the  pupils  regularly  admitted 
to  such  training  schools. 

teachers'  institutes 

[Article  30] 

Origin. —  The  first  teachers'  institute  in  this  State  was  held  at 
Ithaca  in  April,  1843.  ^t  was  in  session  for  two  weeks  and  was 
attended  by  twenty-eight  teachers.  The  Superintendent  of  Tomp- 
kins county  had  charge  of  it  and  obtained  assistants  to  conduct  it. 
It  received  no  aid  from  the  State.  The  propriety  of  establishing 
this  institute  was  decided  upon  in  October,  1842,  at  the  Tompkins 
County  Teachers'  Association.  The  work  was  successful  and  popu- 
lar, and  other  counties  soon  followed  the  same  plan.  In  1847  the 
Legislature  appropriated  $60  for  the  aid  of  each  institute  held  in 
the  State.  As  the  Legislature  makes  no  appropriation  for  institutes 
they  have  been  discontinued.  The  conferences  of  teachers  held  by 
district  superintendents  supersedes  the  institute's  work. 

REVIEW  QUESTIONS 

How  early  were  training  classes  maintained  in  the  academies?  What 
significance  has  the  year  1827?  What  is  the  object  in  organizing  training 
classes?  When  was  the  first  act  creating  them  passed?  Who  had  supervision 
of  them?  What  change  was  made  in  1889?  In  what  institutions  may  they 
be  organized?  By  whom  are  these  institutions  designated?  Explain  how 
these  appointments  are  made?  What  restrictions  are  placed  on  the  number 
of  pupils  which  may  be  in  a  class?  What  period  of  instruction  is  required? 
What  period  for  each  day?  Are  members  of  these  classes  charged  tuition? 
What  exception  is  there  to  this  rule?  What  compensation  is  allowed  an 
institution  for  maintaining  one  of  these  classes?  How  is  this  money  ob- 
tained? What  appropriations  are  made  for  this  work?  What  equitable 
allowance  may  be  apportioned  for  maintaining  a  training  class?  What  are 
the  general  duties  of  a  district  superintendent  in  relation  to  these  classes? 
Explain  fully  the  value  of  a  training  class  certificate.  By  whom  are  regula- 
tions governing  training  classes  prescribed?  What  is  the  minimum  age  limit 
for  admission  to  these  classes?  Explain  the  provisions  of  section  551  of  the 
Education  Law  relating  to  training  schools  and  classes  in  cities  and  villages 
employing  a  superintendent.  Explain  the  method  of  appropriating  State 
funds  for  these  purposes. 


CHAPTER  XXIX 

teachers'  qualifications,  certificates,  contracts,  powers 

AND  DfTIES 
[Article  20] 

Who  Are  Legally  Qualified  to  Teach. —  Xo  person  is  legally 
qualified  to  teach  in  a  public  school  in  any  supervisory  district 
who  does  not  hold  either  a  state  certificate,  a  college  graduate's 
certificate,  a  normal  school  diploma,  an  equivalent  certificate,  a 
temporary  license,  a  school  commissioner's  certificate  or  a  district 
superintendent's  certificate.  To  be  legally  qualified  to  teach  in  a 
city,  or  village  of  4,500  population  or  more,  a  person  must  hold 
one  of  the  first  four  certificates  above  named  or  a  certificate 
issued  by  the  school  authorities  of  the  city  or  village  in  which 
such  person  desires  to  contract. 

On  and  after  January  i,  1922,  no  teacher  may  be  employed  in 
the  public  schools  of  a  city,  union  free  or  common  school  district 
who  does  not  hold  a  certificate  from  the  Commissioner  of  Edu- 
cation to  the  efifect  that  such  teacher  is  a  person  of  good  moral 
character  and  that  he  has  shown  satisfactorily  that  he  is  loyal  and 
obedient  to  the  government  of  the  State  or  of  the  United  States. 

A  certificate  authorizing  a  person  to  teach  may  be  revoked  by 
the  Commissioner  of  Education  on  the  ground  that  such  person 
is  not  of  good  moral  character,  or  if  it  shall  appear  that  such  per- 
son has,  while  a  citizen  of  the  United  States,  advocated,  either  by 
word  of  mouth  or  in  writing,  a  form  of  government  other  than 
the  government  of  the  United  States  or  the  State,  or  that  such 
person  advocates  or  has  advocated  a  change  in  the  form  of  gov- 
ernment of  the  United  States  or  of  the  State  by  force,  violence 
or  any  unlawful  means. 

Age  of  Teachers. —  No  person  can  legally  be  licensed  to  teach 
in  a  public  school  of  this  State  who  is  not  at  least  eighteen  years 
of  age  and  a  citizen  of  the  United  States. 

State  Certificates. —  These  certificates  have  been  issued  by 
either  the  State  Superintendent  of  Public  Instruction  or  the  Com- 
missioner of  Education  since  1875,  upon  examination  only.  Their 
holders  are  legally  qualified  to  teach  for  life  in  the  public  schools 
of  the  State  without  further  examination.  Previous  to  1875,  these 
certificates  were  issued  by  the  State  Superintendent  upon  recom- 
mendation. No  examinations  were  required.  Such  certificates 
confer  the  same  rights  upon  those  holding  them  as  State  certifi- 
cates issued  since  1875.  Candidates  must  pass  the  required  exam- 
inations and  must  have  taught  successfully  for  three  years,  to  be 
elisfible  to  receive  one  of  these  certificates. 

250 


TEACHERS     gUALIFICATIOXS.    ETC.  25 1 

College  Certificates. —  A  certificate,  valid  for  three  years  in  all 
schools,  will  be  issued  to  any  graduate  of  a  college  approved  by 
the  State  Commissioner  of  Education,  who  shall  have  completed 
therein  a  course  in  education  under  the  regulations  of  the  State 
Education  Department.  On  evidence  of  three  years'  successful 
experience  in  teaching  a  permanent  certificate  will  be  issued. 

A  certificate,  valid  for  two  years,  will  be  granted  to  a  graduate 
of  an  approved  course  in  an  approved  college.  If  during  this  term 
the  holder  shall  pass  an  examination  in  psychology,  history  of 
education,  the  principles  of  education  and  methods  of  teaching, 
the  certificate  will  be  renewed  for  one  year.  At  the  end  of  three 
years'  successful  experience  in  teaching,  a  college  graduate  cer- 
tificate will  be  issued,  valid  for  life,  and  in  any  school  or  depart- 
ment of  a  school  in  the  State. 

Normal  School  Diplomas. —  These  diplomas  are  issued  by  the 
normal  school  authorities  to  students  who  have  completed  one  of 
the  prescribed  courses  of  these  schools.  Such  diplomas  legally  qual- 
ify those  who  hold  them  to  teach  for  life  in  the  public  schools  of 
the  State  without  further  examination. 

Uniform  Certificates. —  These  certificates  w-ere  issued  by  school 
commissioners  under  such  regulations  as  the  Commissioner  of  Edu- 
cation prescribed.*  This  class  of  certificates  now  in  force  are  issued 
by  district  superintendents  and  are  rural  school  renewable  certifi- 
cates, training-class  certificates,  and  special  certificates  known  as 
drawing,  kindergarten,  vocal-music,  elocution,  commercial,  manual 
training,  physical  training  and  domestic  art  or  science. 

First  Grade. —  Such  of  these  certificates  as  have  already  been 
issued  are  valid  for  either  five  years  or  ten  years  and  upon  the 
expiration  thereof  they  may  be  renewed,  without  examination,  by 
a  district  superintendent,  for  either  five  years  or  ten  years,  accord- 
ing to  the  period  of  time  for  which  such  certificates  were  originally 
issued.  This  renewal  depends,  in  the  case  of  five-year  certificates, 
upon  the  holder  thereof  having  taught  three  years  during  the  life 
of  the  certificate  and,  in  the  case  of  the  ten-year  certificates,  upon 
the  holder  thereof  having  taught  at  least  five  years  during  the  life 
of  such  certificate.  These  certificates  are  valid  in  the  supervisory 
district  for  which  they  are  issued  and  upon  indorsement  by  the 
superintendent  having  jurisdiction  they  become  valid  in  any  super- 
visorv  district  of  the  State. 


*  The  regulations  under  which  these  certificates  are  issued  may  be  obtained 

at  any  time  from  the  F.ducation  Department. 


2S2 


NEW    YORK    SCHOOL    LAW 


Training  Class. —  These  certificates  are  issued  to  those  who 
complete  one  year's  work  in  a  training  class  under  the  supervision 
of  the  Education  Department  for  three  years  and  are  renewable  for 
five-year  periods. 

Training  School  Certificates. —  These  certificates  are  issued 
for  three  years  by  city  superintendents  to  those  who  complete  a 
course  in  a  training  school.  They  are  renewable  for  ten  years 
without  examination,  and  district  superintendents  are  required  to 
indorse  them. 

Rural  School  Renewable  Certificates. —  These  certificates  are 
issued  by  district  superintendents  for  a  period  of  three  years  and 
are  valid  in  school  districts  not  maintaining  academic  departments. 
These  certificates  may  be  renewed  by  district  superintendents  for 
a  period  of  ten  years,  provided  the  holder  thereof  has  taught  suc- 
cessfully for  two  of  the  three  years  for  which  the  certificate  was 
issued. 

Drawing  Certificates. —  These  certificates  are  issued  to  special 
teachers  of  drawing.  They  entitle  those  holding  them  to  teach 
drawmg  only.  A  person  who  holds  a  drawing  certificate  and  a 
general  certificate  of  any  grade  may  teach  drawing  and  do  general 
teaching  also.  Drawing  certificates  are  valid  for  three  years,  and 
may  be  renewed  without  examination  for  a  period  of  five  years  in 
the  same  manner  as  first-grade  certificates  are  renewed. 

Kindergarten  Certificates. —  The  holders  of  these  certificates 
are  entitled  to  teach  kindergarten  only.  The  holder  of  a  kinder- 
garten certificate,  however,  who  also  holds  another  certificate  per- 
mitting general  teaching,  is  not  debarred  from  teaching  under  such 
other  certificate.  These  certificates  are  valid  for  three  years,  and 
may  be  renewed  for  five  years. 

Vocal-Music  Certificates. —  These  certificates  are  issued  with- 
out examination,  are  valid  for  three  years,  and  may  be  renewed. 
A  candidate  to  receive  a  certificate  of  this  kind  must  show  to  the 
satisfaction  of  the  Commissioner  of  Education  that  she  has  re- 
ceived sufficient  professional  training  in  vocal  music  and  has  had 
sufficient  experience  in  teaching  the  subject,  to  be  well  qualified  to 
receive  such  certificate  and  that  she  completed  a  high-school  course 
or  its  equivalent. 

Other  Certificates. —  In  addition  to  the  above-named  certifi- 
cates, an  equivalent  certificate  may  be  issued  to  a  person  who  has 
completed  the  equivalent  of  four  years'  academic  training  and  two 


TEACHERS      QUALIFICATIONS,    ETC.  253 

years'  professional  training,  but  who  may  not  possess  a  diploma 
which  is  indorsable  under  Regents  rules. 

There  are  also  special  certificates  issued  which  authorize  the 
holders  thereof  to  teach  elocution,  domestic  art,  domestic  science, 
physical  training,  manual  training,  stenography  and  typewriting, 
and  commercial  subjects.  The  requirement  for  one  of  these  cer- 
tificates is  the  completion  of  a  four  years'  academic  course  or  its 
equivalent,  and  a  two  years'  professional  course  in  the  special  line 
which  the  certificate  covers.  Vocational  teachers'  certificates  are 
also  issued  under  conditions  specified  in  Regents  rules. 

Academic  Certificates. —  These  certificates  are  issued  by  dis- 
trict superintendents  for  a  period  of  two  years,  are  limited  to 
schools  approved  by  district  superintendents  and  are  not  valid  in 
schools  which  maintain  an  academic  department.  But  one  certifi- 
cate will  be  issued  to  the  same  person,  and  such  certificate  maybe 
extended  one  year  by  eighteen  credits  earned  in  the  examinations 
for  State  certificates  or  by  a  summer  course,  but  may  be  indorsed 
by  district  superintendents.  To  receive  such  certificate  a  candidate 
must  hold  a  Regents'  academic  diploma  and  must  have  completed 
a  summer  course  at  a  normal  school. 

General  Certificates. —  A  State  certificate,  a  college-graduate 
certificate,  a  normal-school  diploma,  a  training-school  certificate, 
a  professional  certificate,  a  training-class  certificate  and  a  first-grade 
certificate,  may  be  regarded  as  general  certificates  to  distinguish 
them  from  special  certificates.  These  general  certificates  state  that 
their  holders  are  properly  qualified  and  are  entitled  to  teach  in  the 
public  schools.     Such  certificates  do  not  restrict  their  holders  to 


253a  NEW  YORK  SCHOOL  LAW 

the  teaching  of  any  particular  subject.  A  special  certificate  does 
so  restrict,  as,  for  instance,  a  drawing  certificate  entitles  its  holder 
to  teach  drawing  only.  The  holder  of  any  one  of  these  general 
certificates  may,  therefore,  teach  any  special  subject,  as  drawing  or 
kindergarten,  without  holding  a  special  certificate. 

Temporary  Licenses. —  The  Commissioner  of  Education  may, 
in  his  discretion,  issue  a  temporary  license,  valid  in  a  school  dis- 
trict, a  supervisory  district  or  a  city  for  a  period  not  to  exceed  one 
year,  whenever  in  his  judgment  it  is  necessary  or  expedient  to 
do  so. 

Employment  of  Teachers  in  Cities  and  Districts  of  4,500 
Population. —  On  January  i,  1897,  the  provisions  of  chapter  1031 
of  the  Laws  of  1895  went  into  operation.  These  provisions  are 
now  incorporated  in  section  551  of  the  Education  Law  and  relate 
to  primary  and  grammar  scliool  teachers,  but  do  not  apply  to 
teachers  of  any  other  grade.  Teachers  who  were  employed  under 
a  valid  contract  at  the  time  this  law  went  into  operation  may  be 
continued  in  the  service,  even  if  they  do  not  possess  the  qualifi- 
cations prescribed  by  this  law.  But  all  teachers  Avho  have  been 
employed  since  January  i,  1897,  ^^  Avho  shall  hereafter  be  em- 
ployed in  any  primary  or  grammar  school  in  a  city  or  district  of 
4,500  or  more  in  this  State  authorized  to  employ  a  superintendent 
of  schools  must  possess  one  of  the  three  following  qualifications: 

First. —  Such  teacher  must  have  completed  a  course  in  one 
of  the  State  normal  schools  of  this  State  or  in  any  approved 
college,  prescribed  by  the  Commissioner  of  Education,  or  must 
hold  a  life  State  certificate  issued  by  a  State  Superintendent  of 
Public  Instruction  or  by  the  Commissioner  of  Education. 


teachers'  qualifications,  etc.  ■253b 

Second. —  Such  teacher  must  have  had  at  least  three  years'  ex- 
perience in  teaching  and  must  possess  a  certificate  issued  by  the 
proper  local  authorities. 

Third. —  Such  teacher  must  have  graduated  from  a  high  school 
or  academy,  or  some  other  institution  of  equal  or  higher  rank, 
having  a  course  of  study  of  a  least  three  years,  which  is  approved 
by  the  Commissioner  of  Education.  Such  teacher  must  also  have 
completed  subsequent  to  such  graduation  a  course  of  not  less  than 
two  years  in  a  school  or  class  for  the  professional  training  of 
teachers,  and  must  hold  a  certificate  issued  by  the  proper  local 
authorities.  Such  professional  course  must  also  be  approved  by 
the  Commissioner  of  Education.  These  requirements  no\v  apply 
to  districts  of  4.500  population  or  more. 

Refusal  to  Issue  Certificates. —  A  district  superintendent  may 
refuse  to  issue  a  certificate  to  a  person  who  has  passed  the  required 
examination,  if  a  valid  reason  is  assigned  for  such  refusal.  In 
cases  of  this  kind,  the  aggrieved  party  may  appeal  to  the  Com- 
missioner of  Education  from  the  action  of  the  superintendent  in 
refusing  to  issue  his  certificate.  If  in  the  judgment  of  such  com- 
missioner the  reasons  given  by  the  superintendent  are  valid,  such 
superintendent  will  be  sustained  in  his  refusal  to  issue  such  certifi- 
cate, but  if  the  Commissioner  of  Education  does  not  consider  the 
superintendent's  reasons  valid,  he  will  direct  such  superintendent 
to  issue  the  certificate.  Immoral  character  or  lack  of  ability  to 
govern  or  manage  a  school  has  been  held  to  be  a  valid  reason  for 
withholding  a  certificate. 

Superintendent  Not  Required  to  Place  Certain  Names  on  an 
Eligible    List.— The    board    of    education    of    New    York    city 


254  NEW   YORK   SCHOOL  LAW 

directed  Superintendent  Maxwell  to  place  upon  the  eligible  list  for 
appointment  as  teachers  of  the  graduating  classes  in  elementary 
schools  in  all  the  boroughs  except  Brooklyn  a  large  list  of  teachers 
holding  licenses  No.  i  and  No.  2.  Superintendent  Maxwell  brought 
an  appeal  to  the  Commissioner  of  Education  praying  for  an  order 
setting  aside  the  resolution  of  the  board  of  education  which  directed 
him  to  place  the  names  in  question  upon  the  eligible  lists.  The 
legal  right  of  Superintendent  jMaxwell  to  institute  such  appeal  and 
the  jurisdiction  of  the  Commissioner  of  Education  to  hear  the  same 
was  attacked  in  the  courts  by  the  board  of  education.  The  case 
went  to  the  Court  of  Appeals  and  that  body  decided  against  the 
board  of  education  on  both  of  its  contentions.  The  court  held  that 
Superintendent  Maxwell  could  legally  appeal  to  the  Commissioner  of 
Education  for  the  determination  of  the  questions  involved  and  that 
it  was  the  duty  of  the  Commissioner  of  Education  to  hear  and 
determine  such  appeal.  (People  ex  rel.  Board  of  Education  v. 
Finley,  211  N.  Y.  51-58.)  After  hearing  the  case  Commissioner 
Finley  held  that  the  action  of  the  board  was  illegal  and  ordered 
that  such  action  be  vacated.  (Maxwell  v.  Board  of  Education,  3 
State  Dept.  Reports,  539.) 

Indorsement  of  Certificates  by  the  Commissioner  of  Educa- 
tion.—  The  Commissioner  of  Education  may  in  his  discretion 
indorse  State  certificates  issued  in  other  States,  or  normal-school 
diplomas  issued  by  the  authorities  of  normal  schools  of  other  States. 
When  such  certificates  are  indorsed  by  the  commissioner  they  have 
all  the  force  and  effect  of  State  certificates  and  normal  school 
diplomas  issued  by  the  proper  authorities  of  this  State. 

Indorsement    of    Certificates    by    District    Superintendents. — 


TEACHERS     QUALIFICATIONS,    ETC.  "aSS 

District  superintendents  are  required  under  the  regulations  pre- 
scribed by  the  Commissioner  of  Education  to  indorse  first  grade, 
training-class  and  special  certificates  issued  under  the  Department 
reg-ulations,  or  to  assign  vaHd  reasons  for  refusing  to  do  so.  ^^"hen 
such  certificates  are  indorsed  by  another  superintendent  they 
have  the  same  value  in  the  district  of  the  superintendent  who 
indorsed  them  as  in  the  supervisory  district  for  which  thev  were 
originally  issued. 

The  Commissioner  of  Education  holds  that  the  holders  of  cer- 
tificates which  district  superintendents  are  required  under  his 
regulations  to  indorse  are  legally  qualified  to  contract  to  teach  in 
any  supervisory  district  in  the  State.  After  making  a  contract  in 
a  supervisory  district  other  than  the  one  for  which  a  certificate  is 
valid,  the  holder  of  such  certificate  should  present  it  for  indorse- 
ment to  the  superintendent  having  jurisdiction  over  the  district  for 
which  such  contract  was  made.  If  a  superintendent  refuses  to 
indorse  such  certificate,  its  holder  may  appeal  from  the  action  of 
the  superintendent  to  the  Commissioner  of  Education,  who  will 
determine  upon  the  validity  of  the  reasons  assigned  by  the  super- 
intendent in  refusing  his  indorsement.     (No.  4888.) 

Payment  of  Unqualified  Teachers. —  Xo  part  of  the  school 
moneys  apportioned  to  a  school  district  can  be  applied  to  the 
payment  of  the  salary  of  an  unqualified  teacher.  Xor  can  the 
salary  of  an  unqualified  teacher  be  collected  by  a  tax  upon  the 
district.  Any  trustee  who  applies  such  money  or  who  directs  or 
consents  to  the  use  of  such  money  contrary  to  these  provisions, 
is  guilty  of  a  misdemeanor.  Any  fine  imposed  therefor  must 
be  for  the  benefit  of  the  common  schools  of  the  district. 

Any  trustee  or  trustees  who  employ  unqualified  teachers  are 
personally  responsible  to  such  teachers  for  their  salary. 

A  trustee  or  trustees  who  willfully  employ  a  teacher  not  legally 
qualified  may  also  be  removed  from  office  by  the  Commissioner 
of  Education. 

Revocation  of  Certificates. —  There  are  two  authorities  by 
either  of  whoTii  teachers'  certificates  may  be  revoked,  namely,  the 
Commissioner  of  Education  and  a  district  superintendent.  The 
Commissioner  of  Education  may  revoke  a  certificate  of  any  grade 


256  NEW    YORK    SCHOOL   LAW 

by  whomsoever  issued,  for  all  reasons  on  which  such  action  may 
be  legally  taken.  Since  the  enactment  of  the  Consolidated  School 
Law  of  1894,  school  commissioners  have  had  authorit}-  to  revoke 
certificates  on  the  ground  of  immoral  conduct  only  and  district 
superintendents  possess  this  power.  On  this  ground  a  district 
superintendent  may  revoke  a  State  certificate,  a  normal-school 
diploma,  a  college-graduates'  certificate,  or  a  certificate  issued 
by  any  district  superintendent  in  the  State. 

Whenever  charges  have  been  preferred  to  a  district  superin- 
tendent against  the  moral  character  of  a  teacher,  it  is  the  duty 
of  the  superintendent  to  furnish  such  teacher  a  copy  of  these 
charges  and  also  to  notify  the  teacher  of  a  time  and  place  at 
which  a  hearing  will  be  given  thereon.  At  this  hearing  the  evi- 
dence in  support  of  such  charges  must  be  presented,  after  which 
the  accused  is  entitled  to  present  evidence  to  disprove  such 
charges.  The  accused  is  also  entitled  to  be  represented  by  coun- 
sel. When  a  certificate  issued  by  the  Commissioner  of  Educa- 
tion or  a  normal-school  diploma  is  revoked  by  a  superintendent 
on  these  grounds,  the  superintendent  should  immediately  file 
with  the  Commissioner  of  Education  a  notice  of  such  action. 

A  district  superintendent  cannot  revoke  a  certificate  for  de- 
ficiency in  scholarship  or  for  inability  to  manage  or  govern  a 
school.  These  are  questions  which  the  superintendent  should 
have  determined  before  issuing'  a  certificate.  The  issuance  of 
the  certificate  presupposes  that  proper  investigation  has  been 
made  in  regard  to  the  candidate's  qualifications,  and  that  such 
qualifications  have  been  found  to  be  satisfactor}-  to  the  superin- 
tendent. The  only  authority  to  revoke  a  certificate  on  this 
ground  is  the  Commissioner  of  Education. 

There  are  two  ways  of  disposing  of  an  inefficient  teacher.  One 
way  is  to  establish  such  inefficiency  to  the  satisfaction  of  the 
Commissioner  of  Education,  upon  direct  appeal  for  that  purpose 
in  due  form.  The  Commissioner  of  Education  will  then  revoke 
the  certificate  of  such  teacher.  The  second  method  is  for  the 
board  of  trustees  to  dismiss  the  teacher.  Then,  if  the  teacher 
appeals  from  the  action  of  the  board,  the  Commissioner  of  Edu- 
cation becomes  the  judge  of  the  validity  of  the  grounds  upon 
which  the  board  based  its  action.  The  charge  of  inefficiency 
must  in  this  case,  also,  be  proved  to  the  satisfaction  of  the  Com- 


TEACHERS     QUALIFICATIONS,    ETC.  "  257 

missioner  of  Education.  If  proved,  he  will  sustain  the  action  of 
the  board. 

A  certificate  should  not  be  revoked  for  immoral  conduct  which 
occurred  previous  to  the  issuance  of  the  certificate  if  such  con- 
duct was  known  to  the  official  who  issued  the  certificate  at  the 
time  he  issued  it. 

Charges  of  immoral  conduct  against  a  teacher  must  be  definite 
and  specific  so  that  the  accused  will  know  with  just  what  acts 
he  is  charged.  A  superintendent  has  no  power  to  place  the 
holder  of  a  certificate  upon  trial  on  general  charges  of  immoral 
conduct. 

The  Education  Law  provides  that  certificates  may  be  revoked 
for  the  following  specific  causes  : 

1.  Failure  to  attend  teachers'  institute  as  required  by  law. 

2.  Failure  to  complete  an  agreement  to  teach  a  term  of  school 
without  assigning  a  valid  reason. 

3.  Immoral  conduct. 

In  cases  w^hich  have  come  before  the  Commissioner  of  Educa- 
tion upon  appeal  it  has  been  held  that  certificates  may  be  revoked 
for  a  teacher  inflicting  upon  a  pupil  unreasonable,  unnecessary, 
and  cruel  punishment,  and  also  for  intemperance  upon  the  part 
of  the  teacher. 

Superintendent  Draper  held  that  the  severe  penalty  of  revok- 
ing a  certificate  should  not  be  imposed  except  for  a  cause  suffi- 
ciently grave  to  justify  a  permanent  prohibition  of  the  right  to 
teach.     (No.  3572.) 

In  an  appeal  case  decided  by  Superintendent  Skinner  the  broad 
and  reasonable  principle  was  maintained  that  the  general  con- 
duct of  a  teacher  should  be  such  as  to  inspire  the  fullest  confi- 
dence of  parents,  and  that  when  the  acts  and  general  conduct  of 
a  teacher  were  such  as  to  produce  the  opposite  result,  such 
teacher  was  unfit  to  be  permitted  to  remain  in  the  teachino- 
service.     (No.  4644.) 

The  revocation  of  a  certificate  terminates  any  existing  contract 
between  the  holder  of  such  certificate  and  a  trustee  or  trustees. 

Who  May  Contract. —  Any  person  can  enter  into- contract  to 
teach  a  public  school  who  holds  a  legal  certificate  of  qualification, 
is  at  least  eighteen  years  of  age  and  is  a  citizen  of  the  United 
States. 


258  NEW    YORK    SCHOOL    LAW 

Contracts  with  Minors. —  A  minor  may  contract  with  a  board 
of  trustees  to  teach  a  public  school.  A  minor  making  such  con- 
tract must  complete  the  term  of  contract,  and  for  a  failure  to  do 
this  without  a  valid  reason,  such  minor's  certificates  may  be 
revoked.  Under  the  general  law  of  contracts,  a  minor  would  not 
be  responsible  to  a  board  of  trustees  for  any  damage  claimed  by 
reason  of  such  minor's  failing  to  comply  with  the  terms  of  his 
contract. 

Contracts  with  Married  Women. —  The  Domestic  Relations 
Law  gives  married  women  the  right  to  make  contracts  and  to 
receive  compensation  thereon. 

By  Whom  Employed.^  Teachers  must  be  employed  by  the 
trustees  of  the  district  or  by  the  board  of  education.  A  school 
district  meeting  cannot  direct  what  teachers  shall  be  employed. 
This  is  a  power  to  be  exercised  solely  by  the  trustees  or  by  a 
board  of  education. 

Employment  of  Relatives. —  No  person  related  to  one  or  more 
of  the  trustees  of  a  common-school  district  by  blood  or  marriage 
can  be  employed  by  such  trustees  unless  such  action  is  approved 
by  two-thirds  of  the  voters  of  such  district  present  and  voting 
at  an  annual  or  a  special  meeting  of  the  district. 

In  a  union  free-school  district  no  person  can  be  employed  by 
a  board  of  education  who  is  related  by  blood  or  marriage  to  any 
member  of  the  board,  except  by  a  two-thirds  vote  of  such  board, 
and  such  vote  should  be  entered  upon  the  proceedings  of  the 
board. 

When  a  teacher,  who  is  a  relative  of  a  trustee  of  a  common- 
school  district  or  of  a  member  of  a  board  of  education,  has  been 
employed  under  the  approval  of  such  district  or  such  board  as 
stated  above,  and  the  same  trustees  or  board  of  education  desire 
to  employ  such  teacher  for  the  next  ensuing  year,  it  is  not  neces- 
sary to  obtain  a  second  approval  of  such  district  or  board. 
(d:  4588.) 

Period  of  Employment. —  A  trustee  or  trustees  cannot  employ 
a  teacher  for  a  shorter  period  than  ten  weeks,  except  to  fill  out 
an  unexpired  term.  Nor  can  a  trustee  or  trustees  contract  with 
a  teacher  for  a  longer  period  of  time  than  that  for  which  such 
teacher's  certificate  of  qualification  is  valid.     All  contracts  must 


teachers'  qualifications,  etc,  259 

be  for  a  specific  time.  A  trustee  cannot  legally  employ  a  teacher 
for  "  as  long  as  her  work  is  satisfactory." 

The  sole  trustee  of  a  district  may  not  contract  for  the  employ- 
ment of  a  teacher  for  a  period  extending  beyond  his  term  of  office. 

A  teacher  employed  contrary  to  these  provisions  has  no  claim 
against  the  district  for  salary,  but  she  may  enforce  the  contract 
against  those  making  such  contract  as  individuals. 

Form  of  Contract. —  Trustees  are  required  to  make  and  deliver 
to  each  teacher  employed  a  ivriticn  contract.  This  contract  must 
be  signed  by  the  trustee  or  trustees  or  some  person  authorized 
by  said  trustee  or  trustees  to  represent  them. 

This  contract  should  show  the  agreement  between  the  trustees 
and  teacher  in  relation  to  the  period  of  employment,  the  amount 
of  compensation,  and  when  the  same  shall  be  payable.  It  is  also 
advisable  to  state  in  the  contract  whether  the  teacher  is  to  be 
employed  in  a  primary  or  grammar  department,  or  to  perform  work 
along  special  lines,  or  to  act  as  the  principal. 

A  verbal  contract  the  terms  of  which  can  be  proved  is  binding 
and  can  be  enforced.  It  is  advisable,  however,  for  trustees  to 
issue  written  contracts  and  for  teachers  to  insist  on  receiving  them. 
The  burden  of  establishing  a  verbal  contract  is  generally  on  the 
teacher. 

In  a  district  having  more  than  one  trustee,  the  contract  must 
be  made  by  a  majority  of  such  trustees  and  at  a  meeting  regu- 
larly held.  The  contract  is  not  legal  if  the  consent  of  the  trustees 
is  obtained  separately  and  not  at  a  meeting  properly  convened.  A 
contract  made  by  on  trustee  when  duly  authorized  to  act  as  the 
agent  of  the  other  trustees  of  the  district  is  binding. 

When  Compensation  is  Due. —  Teachers  can  require  trustees 
to  pay  them  as  often  at  least  as  at  the  end  of  each  calendar  month 
of  the  term  of  employment.  A  contract  cannot  legally  be  made 
providing  that  a  teacher  shall  not  be  paid  until  the  end  of  the  term. 
A  contract  providing  that  a  teacher  shall  not  be  paid  as  often  as  at 
the  end  of  each  calendar  month  is  not  binding,  and  such  teacher 
can  insist  upon  payments  being  made  at  the  end  of  each  calendar 
month.  There  is  no  legal  objection  to  a  contract  which  provides  that 
a  teacher  shall  be  paid  oftener  than  at  the  end  of  each  month. 

The  Legislature  of  1919  added  a  new  section  491-a  to  the  Educa- 
tion Law,  providing  that :  The  trustees  or  board  of  education  in 
each  school  district  except  a  city  school  district,  shall  increase  the 
salary  of  each  teacher  employed  in  such  district  at  least  one  hundred 
dollars  in  advance  of  the  salary  paid  the  teacher  employed  at  the 
time  of  the  passage  of  this  act.  Such  increased  salary  shall  become 
effective  for  the  school  year  beginning  August  i,  1919,  and  continue 
annually  thereafter. 


260  NEW    YORK    SCHOOL    LAW 

(At  the  close  of  this  chapter  the  form  of  contract  prepared  by 
the  Education  Department  is  given.  Any  other  good  form  may 
be  used.) 

Orders  on  Supervisors  and  District  Collector  or  Treasurer. — 

The  law  provides  that  trustees  may  issue  orders  on  the  super- 
visor of  the  town  and  on  the  collector  or  treasurer  of  the  district 
in  payment  of  teachers'  salaries.  The  law  also  makes  it  a  mis- 
demeanor for  a  trustee  to  issue  an  order  on  any  of  these  officers 
unless  there  are  sufficient  funds  in  the  hands  of  such  officer  to 
pay  the  same.  Teachers  are  therefore  required  under  the  law  to 
accept  such  orders  properly  issued  in  payment  of  their  salaries. 
A  teacher  is  not,  however,  required  to  accept  a  check  from  a 
supervisor,  collector,  or  treasurer.  These  officers  are  required 
to  honor  such  orders  by  paying"  the  money  thereon. 

Payment  When  School  is  Closed. —  Whenever  school  is  closed 
by  proper  authorities  during-  a  term  for  which  a  teacher  has  been 
engaged  and  the  teacher  is  thereby  restrained  or  prevented  from 
teaching,  such  teacher  is  entitled  to  full  compensation  for  the 
time  school  is  thus  closed.  Cases  of  this  kind  arise  when  a 
school  is  closed  by  the  school  authorities  or  the  health  authorities, 
owing  to  the  prevalence  of  a  contagious  disease,  or  when  the 
schoolhouse  has  been  destroyed  by  fire  or  otherwise.  Trustees 
of  rural  schools  often  direct  that  schools  shall  be  closed  for  a 
day  for  funerals  and  other  occasions,  and  in  all  such  cases  the 
teachers  employed  in  such  schools  are  entitled  to  full  compen- 
sation for  such  time.  When  a  trustee  refuses  to  pay  a  teacher 
for  such  time,  the  remedy  for  the  teacher  is  to  appeal  in  proper 
form  to  the  Commissioner  of  Education. 

Dismissal  of  Teachers. —  A  teacher  cannot  be  dismissed  during 
a  term  of  employment  except  for  reasons  which  the  Commis- 
sioner of  Education  would  consider  sufficient  if  brought  before 
him  upon  appeal.  Breach  of  contract,  neglect  of  duty,  immoral 
conduct  have  each  been  held  to  be  sufficient  reasons. 

Chapter  416  of  the  Laws  of  191 7  provides  that  a  person  em- 
ployed as  superintendent  of  schools,  teacher  or  employee  in  the 
public  schools,  in  any  city  or  school  district  of  the  State,  shall 
be  removed  from  such  position  for  treasonable  or  seditious  words 
or  acts  while  holding  such  position. 

Whenever  a  teacher  is  dismissed  by  a  board  of  trustees  with- 


teachers'  qualifications,  etc.  261 

out  sufficient  cause,  he  should  hold  himself  in  readiness  to  com- 
plete his  contract  and  should  make  all  reasonable  efforts  to  do 
so.  Under  these  circumstances  a  teacher  would  be  entitled  to 
full  compensation  for  that  portion  of  the  term  for  which  he  was 
employed,  but  during-  which  he  did  not  teach  owing-  to  his  being 
dismissed.  If  a  teacher  acquiesces  in  the  action  of  a  board  of 
trustees  in  dismissing-  him,  he  is  not  entitled  to  compensation  for 
the  portion  of  the  term  which  he  failed  to  teach  on  account  of 
such  dismissal. 

A  board  of  trustees  may  dismiss  a  teacher  without  cause  upon 
paying  such  teacher  full  compensation  for  the  whole  period  for 
which  such  teacher  was  employed. 

The  teachers'  remedy  in  these  cases  is  to  be  found  either  in 
the  courts  or  in  an  appeal  to  the  Commissioner  of  Education. 
The  latter  is  preferable.  The  appeal  may  be  for  a  reinstatement 
in  the  position  from  which  the  teacher  was  dismissed  or  for  the 
payment  of  salary  for  the  time  the  teacher  was  deprived  from 
teaching. 

Teacher's  Absence  to  Become  a  Mother  Not  Sufficient  Ground 
for  Dismissal. —  Several  married  women  who  are  teachers  in  New 
York  city  were  absent  from  duty  for  various  periods  to  give  birth 
to  children.  Charges  were  preferred  against  these  teachers  for 
neglect  of  duty.  The  formality  of  trials  before  the  board  of  edu- 
cation was  observed,  the  charges  sustained  and  the  teachers  re- 
moved. Appeals  were  brought  to  the  Commissioner  of  Educa- 
tion and  that  officer  reversed  the  board  of  education  in  its  action ; 
held  that  the  teachers  were  improperly  removed  and  directed  the 
board  of  education  to  reinstate  such  teachers.  In  determining 
one  of  these  cases  Commissioner  Finley  stated  the  following: 

Married  women  teachers  under  the  rules  and  practice  of  the 
board  may  be,  and  are,  employed.  Women  teachers,  under  the 
decision  qi  the  Court  of  Appeals,  may  not  be  dismissed  on  ac^ 
count  of  marriage  after  entering  the  service.  The  question  now 
asked  is :  May  the  board  dismiss  a  married  woman  teacher  for 
that  which  is  the  lawful,  natural  consequence  of  marriage  and  its 
social  sanction?  Such  answer  as  the  highest  court  gives  to  this 
question  on  its  legal  merits  is  to  be  found  in  the  following  quota- 
tion from  the  dissenting  opinion  of  the  chief  justice  of  the  Court 
of  Appeals  in  this  very  case:    "Maternity  requiring  occasional 


262  NEW    YORK    SCHOOL    LAW 

absences  at  periods  of  childl)irth  is  a  natural  consequence  of  the 
employment  of  potential  mothers  as  teachers.  If  the  Legislature 
had  regarded  this  consequence  as  detrimental  to  the  welfare  of 
the  schools,  it  would  certainly  have  guarded  against  it  by  a  pro- 
hibitory enactment.  We  find  no  such  prohibition  in  the  law  or 
in  any  duly  authorized  rule  or  regulation  of  the  board  of  educa- 
tion adopted  pursuant  to  law.  *  *  *  The  reasons  for  and 
against  the  employment  of  young  mothers  as  public  school  teach- 
ers, set  out  in  this  record  in  the  majority  and  minority  reports  of 
the  committee  on  elementary  schools  of  the  board  of  edtication, 
are  appropriate  for  the  consideration  of  the  law-making  power, 
but  do  not  concern  the  courts.  The  c|uestion  which  we  are 
called  upon  to  decide  in  this  proceeding  is  whether  the  specific 
accusation  upon  which  the  relator  has  been  dismissed  from  her 
position,  to  wit,  *  absence  for  the  purpose  of  bearing  a  child,'  con- 
stitutes neglect  of  duty  within  the  meaning  of  section  1093  of  the 
Greater  New  York  Charter.  I  agree  with  the  learned  judge  who 
heard  the  case  at  the  Special  Term  (Mr.  Justice  Seabury)  that 
it  does  not."  (People  ex  rel.  Peixotto  v.  Board  of  Education,  212 
N.  Y.  463 ;  Matter  of  Peixotto,  4  State  Dept.  Reports,  596.) 

Dismissal  for  Concealment  of  Facts. —  Where  a  teacher  con- 
ceals a  fact  for  the  purpose  of  deceiving  a  board  of  education  and 
the  knowledge  of  such  fact  would  have  prevented  her  employ- 
ment, such  action  on  the  part  of  a  teacher  is  sufficient  ground  for 
dismissal.  Where  a  rule  of  the  board  of  education  prohibited  the 
employment  of  married  women  as  teachers  in  the  schools  and  a 
woman  otherwise  eligible  to  appointment  but  is  married,  pur- 
posely fails  to  disclose  such  fact  because  it  would  prevent  her 
appointment,  and  accepts  an  appointment,  is  guilty  of  gross  mis- 
conduct and  may  be  dismissed.  (Matter  of  Artman,  4  State 
Dept.  Reports,  (i2y^ 

Dismissal  for  Marrying. —  The  Commissioner  of  Education  has 
held  that  where  a  teacher  makes  a  contract  with  the  Board  of 
Education  for  the  year  and  such  contract  contains  a  provision  tc 
the  effect  that  if  the  teacher  married  during  the  year,  the  contract 
should  terminate,  that  the  contract  is  valid  and  binding.  This 
contract  was  made  under  an  ordinance  enacted  by  the  council  of 
the  city  pursuant  to  a  law  conferring  that  power  upon  the  coun- 
cil.    This  teacher  married  during  the  year,  but  concealed  this 


teachers'  qualifications,  etc.  .  263 

fact  from  the  board  of  education.  She  continued  to  be  known 
during  the  entire  year  under  her  maiden  name.  She  signed  the 
payroll  and  received  her  salary  monthly  under  such  name.  Later 
the  facts  in  the  case  became  known  and  charges  were  preferred 
against  her  and  she  was  dismissed  from  the  service.  On  an 
appeal  to  the  Commissioner  of  Education,  that  officer  held  that 
the  regulation  was  made  tmder  due  authority  of  law,  that  the 
teacher  voluntarily  entered  into  a  contract  containing  a  special 
provision  that  such  contract  should  be  terminated  in  case  she  did 
marry.  The  Commissioner  of  Education  declined  to  reinstate 
her  and  held  that  the  school  authorities  acted  wholly  within  their 
powers. 

This  case  must  be  distinguished  from  the  mother-teacher  cases 
in  New  York  city  and  other  cases  in  that  city.  The  teachers  in 
New  York  city  have  had  permanent  tenure  for  years,  and  the 
charter  of  the  city  specified  four  grounds  upon  which  teachers 
might  be  dismissed  :  marrying  during  her  employment  as  teacher 
was  not  enumerated  as  one  of  the  four  grounds  of  dismissal  in 
New^  York  city. 

Record  of  Attendance. —  It  is  the  duty  of  teachers  to  keep  a 
record  of  attendance  of  all  pupils  in  the  school  register  provided 
for  that  purpose.  This  record  must  be  kept  as  required  under 
the  directions  given  in  the  register  which  is  prepared  under  the 
supervision  of  the  Commissioner  of  Education.  It  is  important 
that  these  records  shall  be  kept  accurately,  as  they  form  the  basis 
for  apportioning-  part  of  the  State  school  moneys  and  are  also 
important  in  connection  with  the  enforcement  of  the  compulsorv- 
attendance  law. 

Teachers  are  responsible  for  the  safe-keeping  of  these  records 
and  should  deliver  them  upon  the  close  of  their  term  of  engage- 
ment to  the  clerk  of  the  district  or  board  of  education. 

Veriiication  of  Records. —  Teachers  are  required  to  make  affi- 
davit to  the  correctness  of  the  register  kept  by  them.  This 
affidavit  may  be  taken  by  the  district  clerk  and  without  charge. 
A  teacher  is  not  entitled  to  receive  pay  for  any  time  taught  until 
affidavit  is  made  to  the  correctness  of  the  register  for  the  period 
for  which  payment  is  made. 

Rules  and  Regulations  for  Teachers. —  A  board  of  trustees  may 
prescribe  general  rules  for  the  management  of  the  school.    When 


264  NEW    YORK    SCHOOL    LAW 

such  rules  have  been  adopted,  it  is  the  duty  of  teachers  to  enforce 
them,  and  so  far  as  they  affect  the  teachers  themselves  to  comply 
with  them.  The  members  of  a  board  of  trustees  have  no  author- 
ity to  enter  the  schoolroom  to  direct  any  of  the  work  in  progress 
or  to  direct  the  method  of  enforcing  the  rules  of  the  board.  This 
power  rests  solely  with  the  teacher. 

School  Hours. —  The  school  law  does  not  define  the  hours  that 
shall  be  devoted  to  school  work.  Custom  has  fixed  the  hours 
from  9  A.  M.  to  12  M.  and  from  i  p.  ]M.  to  4  p.  m.  An  inter- 
mission of  ten  or  fifteen  minutes  is  given  each  half-day  session. 
The  board  of  trustees  of  a  district  may,  however,  designate 
other  hours  during  Avhich  the  school  shall  be  in  session.  If  these 
hours  are  reasonable,  it  is  the  duty  of  teachers  to  conduct  school 
during  the  hours  designated.  If  unreasonable  hours  are  desig- 
nated by  a  board,  the  Commissioner  of  Education  may,  upon 
appeal  in  due  form,  modify  the  hours  fixed  by  such  board. 

Closing  School. —  A  teacher  has  no  authority  to  close  school 
on  any  school  day  without  the  consent  of  the  board  of  trustees. 
A  teacher  who  does  close  school  on  a  school  day  without  such 
consent  is  guilty  of  a  breach  of  contract,  and  may  be  dismissed 
by  the  board.  The  consent  of  trustees  is  not  necessary  in  order 
to  close  school  on  a  legal  holiday  or  a  general  election  day,  or 
for  the  purpose  of  attending  a  teachers'  institute,  as  required 
by  law.  In  case  the  trustees  desire  that  school  shall  be  in  session 
on  General  Election  Day,  Washington  or  Lincoln's  Birthdays,  they 
should  so  notify  the  teacher. 

Janitor  Work. —  Neither  teacher  nor  pupil  can  be  compelled 
to  do  the  janitor  work  of  the  school  building.  If  the  contract 
between  the  teacher  and  the  trustees  provides  that  the  teacher 
shall  perform  this  work,  then  it  becomes  the  duty  of  the  teacher 
to  do  it  upon  the  ground  that  she  has  consented  to  do  so  by 
special  agreement  in  her  contract.  A  teacher  who  voluntarily 
does  this  work  is  not  entitled  to  compensation  for  performing  it. 

Enforcement  of  Payments. —  A  teacher  may  bring  an  action 
in  court  for  salary  due  him  which  has  not  been  paid.  This 
method  is  expensive  and  requires  more  time  than  teachers  can- 
generally  give  for  the  adjustment  of  such  cases.  The  more 
inexpensive  way  and  the  method  by  which  adjustment  can  be 
reached  in  the  shortest  period  of  time  is  to  appeal   in   due   form 


teachers'  qualifications,  etc.  265 

to  the  Commissioner  of  Education,  who  has  power  to  direct  such" 
payments  and  to  enforce  his  decision. 

Wearing  Religious  Garb. —  There  is  no  statute  law  in  this 
State  regulating  the  dress  which  shall  be  worn  by  teachers.  The 
general  influence  upon  the  school  system  of  teachers  wearing 
a  religious  garb  has  been  brought  by  appeal  before  the  State 
Department  in  two  cases.  In  March,  1887,  on  an  appeal  from 
the  action  of  the  board  of  education  of  Suspension  Bridge,  Super- 
intendent Draper  ruled  as  follows: 

"  The  wearing  of  an  unusual  garb,  worn  exclusively  by  members  of  one 
religious  sect  and  for  the  purpose  of  indicating  membership  in  that  sect 
by  the  teachers  in  a  public  school,  constituted  a  sectarian  influence,  which 
ought  not  to  be  persisted  in.  The  same  may  be  said  of  the  pupils  address- 
ing the  teachers  as  "  Sister  Mary,"  ''  Sister  Martha,"  etc.  The  conclusion 
is  irresistible  that  these  things  may  constitute  a  much  stronger  sectarian 
or  denominational  influence  over  the  minds  of  children  than  the  repetition 
of  the  Lord's  Prayer  or  the  reading  of  the  scriptures  at  the  opening  of  the 
schools,  and  yet  these  things  have  been  prohibited  whenever  objection  has 
been  offered  by  the  rulings  of  this  Department  from  the  earliest  day?, 
because  of  the  purpose  enshrined  in  the  hearts  of  the  people  and  imbedded 
in  the  fundamental  law  of  the  State,  that  the  public  school  system  shall 
be  kept  altogether  free  from  matters  not  essential  to  its  primary  purpose 
and  dangerous  to  its  harmony  and  efficiency."     (D.  3520.) 

In  deciding  an  appeal  from  the  action  of  the  Board  of  Educa- 
tion of  West  Troy  School  District  (now  Watervliet),  involving 
the  same  point,  Superintendent  Skinner  held  as  follows: 

I  therefore  concur  in  the  opinion  of  my  predecessor  in  office,  viz.,  that 
the  teachers  in  the  public  schools  of  the  State  ought  not  to  wear  the  dis- 
tinctive garb  of  any  religious  denomination,  order,  sect,  or  society,  but  ought 
to  dress  in  the  usual  costume  worn  by  men  and  women  generally;  and 
that  any  other  costume  or  usage  is  inimical  to  the  best  educational  inter- 
ests of  the  locality  and  should  be  discontinued  by  direction  of  the  local 
school  authorities  whose  duty  it  is  to  so  administer  the  trusts  reposed  in 
them  as  to  bring  about  the  very  best  results  with  the  least  irritation,  and 
in  harmony  with  the  spirit  of  the  section  of  the  organic  law  herein  quoted. 

The  school  best  does  this  which  avoids  any  reference  directly  or  indirectly 
to  any  particular  denomination,  sect,  or  order,  both  in  the  construction  of 
the  buildings  used  for  school  purposes  and  in  the  dress  worn  by  the  teachers 
employed  therein.  To  those  not  satisfied  with  this  complete  and  actual 
severance  of  secular  and  religious  instruction,  the  private  school  is  open. 

I  also  decide  that  it  is  the  duty  of  the  respondents  to  require  the  teachers 
employed  by  them  to  discontinue  the  use  in  the  public  school  room  of  the 
distinguishing  dress  or  garb  of  the  religious  order  to  which  they  belong. 
(D.  4516.) 


266  NEW    YORK    SCHOOL    LAW 

On  May  15,  1897,  Superitnendent  Skinner  directed  the  Board 
of  Education  of  W'atervliet  to  notify  and  require  all  teachers 
employed  in  that  city  and  wearing  a  religious  garb  to  discon- 
tinue the  use  of  such  garb.  The  board  was  also  directed,  in  case 
any  such  teacher  should  refuse  or  fail  to  comply  with  such  re- 
quirement, to  dismiss  such  teachers  from  employment  in  the 
public  schools  of  the  city  of  W'atervliet.  An  order  was  also 
issued  by  the  State  Superintendent  prohibiting  the  County  Treas- 
urer from  paying  the  money  apportioned  to  this  city  until  di- 
rected to  do  so  by  the  Superintendent.     (D.  4546.) 

The  Court  of  Appeals  held  that  the  decision  of  the  State 
Superintendent  on  this  question  was  in  effect  a  regulation  which 
he  was  authorized  to  make  and  that  the  prohibitive  order  was 
in  accord  with  the  public  policy  of  the  State  as  declared  in  sec- 
tion 4,  article  9  of  the  Constitution.      (184  N.  Y.  421.) 

When  Teacher's  Illness  Prevents  Teaching. —  W  henever  a 
teacher  under  contract  is  unable  to  teach  by  reason  of  illness, 
such  teacher  should  report  the  fact  of  such  illness  to  the  trustee 
or  trustees.  These  officers  may,  if  they  desire,  employ  a  sub- 
stitute teacher  during  the  illness  of  the  regular  teacher.  Such 
regular  teacher  has  no  voice  in  determining  who  the  substitute 
teacher  shall  be.  This  is  a  question  to  be  determined  solely  by 
the  trustees.  If  the  illness  of  a  teacher  is  continued  for  a  long 
period,  and  there  is  not  reasonable  hope  of  sufficient  recovery 
to  enable  such  teacher  to  resume  teaching,  the  trustees  may 
inform  such  teacher  that  the  contract  has  been  declared  void  by 
her  inability  to  perform  her  part  of  it.  The  trustees  may  then 
employ  another  teacher,  and  if  the  teacher  dismissed  feels  ag- 
grieved, she  may  appeal  from  the  action  of  the  trustees  to  the 
Commissioner  of  Education. 

Authority  Over  Pupil. —  There  is  no  provision  in  the  edu- 
cation law  defining  the  authority  which  a  teacher  has  over 
the  pupils  under  his  charge.  The  decisions  of  the  courts  and 
the  rulings  of  the  Commissioner  of  Education  are.  that  the 
authority  of  the  teacher  over  pupils  is  the  same  as  that  of  a 
parent  over  a  child,  or  as  it  is  usually  expressed,  that  a  teacher 
stands  in  loco  parentis  to  his  pupils.  The  authority  of  the  teacher 
begins  at  the  time  the  pupil   arrives  upon  the  school  grounds, 


teachers'  gUALlFICATlONS,  ETC.  267-268 

extends  to  the  close  of  school,  and  continues  until  the  pupil  has  left  the 
school  grounds.  Cases  ma}'  be  cited  in  which  the  courts  have  held  that  the 
authority  of  the  teacher  extends  beyond  these  limits,  and  that  the  pupil  is 
accountable  to  the  teacher  for  his  conduct  on  the  way  to  and  returning  from 
school,  and  even  elsewhere,  when  such  conduct  has  a  direct  bearing  upon  the 
discipline  an;l  general  w^clfare  of  the  school.  These  are  not,  however,  recent 
decisions,  and  are  not  safe  guides  for  teachers  of  the  present  time.  A  modern 
view  of  courts  and  of  departments  having  judicial  powers  to  restrict  the 
authority  of  the  teacher  over  the  pupil  to  the  time  between  the  arrival  of  the 
pupil  upon  the  school  grounds  and  his  departure  therefrom.  The  superin- 
tendents of  this  State  and  the  Commissioner  of  Education  have  taken  this 
view. 

Superintendent  Draper  held  that  the  authority  of  the  teacher  was  not 
absolute  during  the  noon  recess,  and  that  a  pupil  possesses  a  legal  right  to 
leave  the  school  grounds  during  the  noon  recess  with  the  consent  of  his 
parents.  ( D.  3698.)  The  right  of  a  teacher  to  detain  a  pupil  after  school 
hours  is  questionable.  Where  a  parent  objects  to  such  detention,  a  teacher 
should  not  insist  upon  it. 

The  authority  of  the  teacher,  however,  is  restricted  by  the  rules  and 
regulations  of  a  board  of  education  or  a  board  of  trustees.  Where  a  board 
of  education  or  a  board  of  trustees  has  prescribed  regulations  to  govern  the 
discipline  of  the  school  it  is  the  duty  of  teachers  to  keep  within  the  bounds  of 
such   regulations. 

Suspension  of  Pupils. —  There  is  no  provision  of  law  defining  definitely 
the  right  to  suspend  a  pupil  from  attendance  upon  school.  This  subject 
has  been  a  question  for  the  judicial  consideration  of  State  superintendents 
and  of  the  courts.  The  present  compulsory  education  act  has  so  modified 
this  question  as  to  change  materially  former  rulings  relating  thereto.  We 
shall  not  therefore  discuss  these  former  rulings,  but  shall  consider  the  ques- 
tion in  its  present  aspect. 

The  trustee  or  trustees  of  a  district  is  the  proper  authority  to  suspend 
pupils.  A  teacher  does  not  possess  this  authority.  A  teacher  may,  for  proper 
reasons,  dismiss  a  pupil  for  the  day,  but  not  for  a  longer  period.  When 
a  pupil  is  dismissed  for  a  day,  the  teacher  should  at  the  close  of  school  on 
such  day  report  the  facts  in  the  case  to  the  trustees.  A  board  of  trustees  has 
the  power  to  prescribe  regulations  for  the  government  of  the  schools  under 
their  management,  and  such  board  may  therefore  prescribe  regulations  govern- 
ing the  suspension  of  pupils.  If  in  such  rules  a  board  designates  specific 
offenses  for  which  a  pupil  may  be  suspended,  and  such  rules  also  provide  that 
for  such  offenses  a  teacher  may  suspend  a  pupil,  the  teacher  has  the  power  to 
enforce  such  rules  and  suspend  the  offender.  State  Superintendent  Skinner 
held  that  pupils  between  the  ages  of  eight  and  sixteen  years  who  are  required 
to  attend  upon  instruction  cannot  be  suspended  from  a  public  school  for  a 
longer  period  than  ten  days,  unless  the  trustees  provide  a  place  at  wdiich 
such  pupil  may  receive  instruction  equivalent  to  that  required  under  the 
compulsory  education  act. 

Public  opinion  supports  the  theory  that  schools  are  established  for  the 
purpose  of  educating  children,  and  that  for  grave  causes  only  will  school 
authorities  be  warranted  in  denying  them  the  privilege  of  attendance  thereon. 

Expulsion  of  Pupils. — 'A  board  of  trustees  is  the  proper  authority  to 
expel  a  pujjil  from  atUndance  upon  a  public  school.  A  teacher  does  not 
possess  this  authority.  A  pupil  refjuired  to  attend  upon  instruction  under  the 
compulsory  attendance  act  cannot  be  expelled  from  a  public  school  unless  the 
school  authorities  provide  a  place  where  such  pupil  may  attend  upon  such 
instruction. 

A  pupil  having  a  contageous  disease  is  not  in  a  proper  physical  condition 


269—270  NEW    YORK    SCHOOL    LAW 

to  be  required  to  attend  upon  instruction,  and  may,  during  the  continuance 
of  such  disease,  be  denied  school  privileges.  To  permit  such  pupil  to  con- 
tinue in  attendance  upon  school  would  expose  other  pupils  to  the  dangers  of 
such  disease. 

Incorrigible  pupils  and  pupils  whose  moral  senses  are  so  depraved  that 
their  association  with  other  pupils  would  contaminate  such  pupils  may  be 
expelled  from  public  schools.  If  such  pupils  are  between  eight  and  sixteen 
j-ears  of  age  and  are  required  to  attend  upon  instruction  under  the  com- 
pulsory attendance  act,  they  should  be  proceeded  against  as  disorderly 
persons. 

Corporal  Punishment. —  There  is  no  direct  statute  enactment  regulating 
the  right  of  a  teacher  to  inflict  corporal  punishment.  The  Penal  Law  pro- 
vides that  it  shall  not  be  unlawful  for  any  parent,  guardian,  master,  teacher, 
or  the  authorized  agent  of  a  parent,  in  the  exercise  of  a  lawful  authority,  to 
restrain  or  correct  his  child,  ward,  apprentice,  or  scholar,  provided  the  force 
or  violence  used  is  reasonable  in  manner  and  moderate  in  degree. 

Under  the  provisions  of  the  Education  Law,  a  board  of  trustees  of  a  com- 
mon school  district,  or  a  board  of  education  of  a  union  free  school  district, 
possesses  the  autliority  to  prescribe  rules  and  regulations  for  the  government 
of  a  school.  When  a  board  of  trustees  or  a  board  of  education  adopts  a 
regulation  providing  that  corporal  punishment  shall  not  be  inflicted,  a  teacher 
has  no  legal  authority  to  resort  to  that  mode  of  punishment.  If  a  board 
of  trustees  or  a  board  of  education  should  adopt  a  regulation  of  this  kind, 
and  a  teacher,  in  violation  thereof,  should  inflict  corporal  punishment  upon 
a  pupil,  such  teacher  would  be  subject  to  dismissal. 

In  the  absence  of  a  regulation  of  this  kind  having  been  adopted  by  a 
board  of  trustees,  a  teacher  may,  under  the  protection  of  the  Penal  Law, 
inflict  corporal  punishment,  providing  such  punishment  is  reasonable  and 
moderate  in  degree.  In  inflicting  this  mode  of  punishment,  a  teacher  should 
give  full  consideration  to  the  gravity  of  the  offense,  the  general  effect  of 
such  offense  upon  the  school,  the  temperament  and  the  other  physical  con- 
ditions of  the  pupil.  Cases  of  scliool  discipline  are  rare  in  which  teachers 
should  finally  resort  to  this  extreme  if  not  barbarous  mode  of  punishment. 

Control  of  School  Papers,  Athletics,  etc. —  It  is  within  the  legal  power 
of  school  authorities'  to  control  the  management  and  publication  of  papers 
published  by  the  pupils  of  a  school  as  a  school  paper.  Commissioner  Draper 
held  in  September,  1904,  in  the  Monticello  case,  that  a  publication  standing 
for  a  school  and  appealing  to  the  constituency  of  that  school  on  that  ground 
is  not  a  private  or  personal  affair  but  a  public  affair,  and  as  such  is  subject 
to  the  school  authority  of  the  district  which  it  represents.  The  Commis- 
sioner also  sustained  the  principal  and  the  board  of  education  in  suspending 
a  pupil  in  charge-  of  a  school  paper  who  refused  to  be  governed  by  the  rules 
prescribed  by  the  school  authorities  to  govern  the  management  of  such  paper. 
(See  decision  5142  — Report  for  IQOS-)  School  authorities  undoubtedly 
possess  the  same  supervision  over  school  organizations  of  a  literary  character 
or  over  those  for  the  purpose  of  promoting  athletics. 


TEACHERS     QUALIFICATIONS,   ETC-  2']\ 

FIRE  DRILL. 

[Article  ^\ 

Duty  of  Principal,  etc. —  Each  principal  or  other  person  in 
charge  of  a  public  or  private  school  or  other  educational  insti- 
tution, having  more  than  one  hundred  pupils,  is  required  to 
instruct  and  train  such  pupils  by  means  of  drills,  so  that  in 
any  sudden  emergency  these  pupils  may  be  able  to  leave  the 
school  building  in  the  shortest  possible  time  and  without  con- 
fusion or  panic.  These  drills  or  dismissals  must  be  held  as 
often  as  at  least  once  each  month. 

Penalty. —  Any  principal  or  other  person  failing  to  perform 
the  duty  required  in  above  paragraph  is  guilty  of  a  misdemeanor, 
punishable  at  the  discretion  of  the  court  by  a  fine  not  exceeding 
fifty  dollars.  Such  fine  must  be  paid  to  the  pension  fund  of  the 
local  fire  department  where  there  is  such  a  fund. 

Duty  of  Board  of  Education. —  The  board  of  education  of  any 
city  or  district  to  which  this  act  applies,  or  any  other  body 
having  control  of  the  schools  to  which  this  act  applies,  must 
have  a  copy  of  the  act  relating  to  fire  drills  printed  in  a  manual 
or  hand-book  prepared  for  the  guidance  of  teachers. 

Constitutional  Oath  of  Teachers. —  Chapter  574,  Laws  of  1917, 
requires  every  employee  of  the  State,  or  any  of  its  civil  divisions, 
to  take  and  file  a  constitutional  oath.  The  language  of  the  oath 
is  so  broad  that  it  includes  teachers,  superintendents  and  other 
employees  of  the  school  system.  The  law  provides  that  all 
employees  of  the  State  and  each  of  its  civil  divisions,  except 
the  labor  class,  shall  take  and  file  such  oath  within  thirty  days 
after  the  act  took  effect.  Failure  of  such  employee  to  take  and 
file  such  oath  terminates  his  employment  until  such  oath  shall 
be  taken  and  filed  according  to  law.  This  law  became  efifective 
May  19,  191 7.  All  teachers  and  superintendents  therefore  who 
have  not  taken  the  constitutional,  oath  should  take  it  at  once 
and  such  oath  should  be  filed  with  the  clerk  of  the  board  of 
education. 


272  NEW     YORK    SCilOOL    LAW 


TEACHER'S  CONTRACT 

1,    ,    of    ,    county    of    ,    a    duly 

qualified    teacher,    hereby   contract   with   the   board    of    trustees    of    District 

No town  of   ,  county  of   to  teach 

the  public  school  of  said  district  for  the  term  of  consecutive  weeks, 

except  as  hereinafter  provided,  commencing  ,   i ,  at  a 

weekly  compensation  of   dollars  and   cents,  payable  at  the  end 

of  each  thirty  days  during  the  term  of  such  employment,  l-'our  per  cent,  of 
the  amount  of  each  order  or  warrant  issued  in  payment  of  the  compensation 
required  to  be  paid  hereunder  shall  be  deducted  as  provided  by  article  43  B 
of  the  Education  Law  relative  to  the  State  Teachers'  Retirement  Inuid. 

And  the  board  of  trustees  of  said  district  hereby  contract  to  employ  said 
teacher  for  said  period  at  the  said  rate  of  compensation,  payable  at  the  times 
herein  stated. 

Said    board    of    trustees    reserve   the   right   to   provide    for   a  vacation    or 

vacations  of  not  more  than   weeks  in  the  aggregate  during  said  term, 

which  vacation  shall  not  count  as  part  of  the  term  of  service  above  referred  to. 

Dated ,   i 

., Teacher. 


Trustees. 


This  contract  should  be  executed  in  duplicate  and  one  copy  thereof  given 
to  the  teacher  and  one  retained  by  the  board. 


REVIEW  QUESTIONS 

What  certificate  must  a  teacher  hold  to  be  qualified  to  teach  in  a  super- 
visory district?  In  a  city?  How  old  must  a  person  be  before  being  eligible 
to  receive  a  teacher's  certificate?  How  are  State  certificates  issued?  What 
rights  do  they  confer?  Explain  the  difiference  between  those  issued  pre- 
vious to  1875  and  those  issued  since  that  date.  What  are  college  graduates' 
certificates?  What  rights  do  they  confer?  Who  are  eligible  to  receive 
them?  What  are  normal  school  diplomas?  What  rights  do  they  confer? 
What  are  commissioners'  uniform  certificates?  Name  the  certificates  issued 
under  the  uniform  system. 

Who  are  eligible  to  receive  first-grade  certificates?  For  what  period  are 
they  valid?  For  how  long  may  they  be  renewed?  Who  are  eligible  to 
receive  a  training  class  certificate?  Explain  their  value.  Explain  the  value 
of  kindergarten  certificates.  Vocal  music  certificates.  Elementary  and  aca- 
demic certificates.  When  may  a  kindergarten  teacher  teach  kindergarten 
and  do  general  teaching  also?  A  music  teacher  teach  vocal  music  and  do 
other  teaching  also?  By  whom  may  temporary  licenses  be  issued?  For 
how  long? 

Are  superintendents  required  to  issue  certificates  to  candidates  who  have 
passed  the  required  examination?  What  are  valid  reasons  for  refusing  to 
do  so?  What  remedy  has  the  aggrieved  party?  What  certificates  of  quali- 
fication may  the  Commissioner  of  Education  indorse?  What  is  the  effect 
of  such  indorsement?  What  certificates  are  superintendents  required  to 
indorse?  When  may  a  superintendent  withhold  his  indorsement?  What  is 
the  effect  of  such  indorsement?  What  is  the  ruling  of  the  Commissioner  of 
Education  in  relation  to  the  right  of  a  teacher  to  contract  who  holds  a 
certificate  subject  to  indorsement?  What  is  the  remedy  for  a  person  hold- 
ing such  certificate  when  a  superintendent  refuses  to  indorse  it?  What 
moneys   cannot  be  applied  toward  the  payment   of  an  unqualified   teacher? 


REVIEW  QUESTIONS  273 

If  a  trustee  appropriates  these  moneys  for  the  payment  of  an  unqualified 
teacher,  what  is  the  penahy?  Who  are  responsible  to  such  teachers,  when 
employed,  for  their  salaries?  What  is  the  penalty  for  wilfully  employing 
an  unqualified  teacher? 

What  authorities  may  revoke  a  teacher's  certificate?  What  certificates 
may  the  Commissioner  of  Education  revoke?  A  district  superintendent? 
Upon  what  grounds  may  the  Commissioner  of  Education  revoke  a  certifi- 
cate? For  what  o>ie  cause  may  a  district  superintendent  revoke  a  certifi- 
cate? What  is  the  duty  of  a  district  superintendent  when  charges  against 
the  moral  character  of  a  teacher  have  been  presented  to  him?  To  what 
rights  is  a  teacher  thus  charged  entitled  at  a  hearing?  Why  cannot  a  dis- 
trict superintendent  revoke  a  certificate  for  deficiency  in  scholarship  or 
for  inability  to  govern  or  manage  a  school?  Who  is  the  otily  authority  to 
revoke  a  certificate  upon  these  grounds?  Explain  fully  each  of  two  ways  of 
disposing  of  an  inefticient  teacher. 

Can  a  certificate  be  revoked  for  immoral  conduct  previous  to  the  d>ate 
of  issuance  of  such  certificate,  and  when  such  conduct  was  known  to  the 
official  at  the  time  he  issued  such  certificate?  What  must  be  the  character 
of  charges  preferred  against  a  teacher?  Can  a  teacher  be  placed  on  trial 
for  general  charges  of  immoral  conduct?  For  what  three  causes  does  the 
education  law  provide  teachers'  certificates  may  be  revoked?  For  what 
causes  have  State  Superintendents  held  certificates  may  be  revoked?  What 
did  Superintendent  Draper  hold  in  relation  to  revoking  a  teacher's  certifi- 
cate? What  effect  does  the  revocation  of  a  teacher's  certificate  have  upon 
an  existing  contract? 

Who  may  contract  to  teach?  May  a  minor  contract?  Is  a  minor  required 
to  complete  a  term  for  which  contract  has  been  made?  Under  what  pen- 
alty? Is  a  minor  subject  to  suit  for  damages  for  failing  to  complete  a 
contract?     May  married  women  contract? 

By  whom  are  teachers  employed?  Can  a  district  meeting  direct  what 
teachers  shall  be  employed?  When  may  the  trustees  of  a  common-school 
district  employ  a  relative?  Of  a  union  free-school  district?  In  either  case 
may  the  same  trustees  or  board  employ  such  teachers  the  next  ensuing  year 
without  second  approval  of  district  or  board?  What  is  the  shortest  period 
for  which  a  trustee  may  employ  a  teacher?  When  is  the  limitation  as  to 
the  period  of  time  for  which  a  teacher  may  contract?  May  a  trustee  employ 
a  teacher  for  "as  long  as  her  work  is  satisfactory?"  ]\Iay  the  trustees  of  a 
common-school  district  contract  for  a  period  beyond  the  current  school  year? 
What  remedy  has  a  teacher  employed  contrary  to  the  above  provisions? 

What  contract  should  be  given  to  each  teacher?  By  whom  should  it  be 
signed?  What  essential  facts  should  such  contract  contain?  Is  a  verbal 
contract  binding?  Must  a  contract  be  made  at  a  meeting  of  a  board?  When 
is  a  contract  made  by  one  member  of  a  board  of  two  or  more  trustees  bind- 
ing? How  often  can  teachers  insist  upon  receiving  their  pay?  Is  a  con- 
tract providing  that  the  salary  of  a  teacher  shall  not  be  paid  until  at  the 
end  of  the  term  legal?  If  such  contract  is  made,  how  often  may  a  teacher 
insist  upon  being  paid?  May  a  legal  contract  be  made  providing  a  teacher 
shall  be  paid  oftencr  than  monthly? 

Upon  what  officers  may  trustees  issue  orders  in  payment  of  teachers' 
salaries?  Why  these  officers?  l\Iay  they  issue  orders  for  an  amount  greater 
than  that  held  by  such  ofticers?  What  is  the  penalty  for  a  violation  of 
this  provision  of  law?  Under  what  conditions  may  teachers  receive  com- 
pensation for  time  during  which  school  is  closed?  Give  illustrations  coming 
within  these  provisions.  What  is  the  teacher's  remedy  in  cases  of  this  kind 
when  trustees  refuse  to  pay  for  such  time? 

What  is  the  law  regulating  the  dismissal  of  teachers?  What  reasons 
have  been  held  to  be  sufficient?  What  should  a  teacher  do  when  dismissed 
b}^  a  board  of  trustees  in  order  to  be  entitled  to  his  compensation  for  the 
full  period  of  his  contract?     What  would  be  the  legal  effect  if  a  teacher 


274  ^^EW  YORK  SCHOOL   LAW 

should  acquiesce  in  such  dismissal?  When  may  a  trustee  dismiss  a  teacher 
without  cause?  In  these  cases  in  what  two  ways  mav  a  teacher  seek  relief? 
Which  is  preferable?     What  relief  may  be  requested? 

What  record  of  attendance  are  teachers  required  to  keep?  How  must 
such  record  be  kept?  Why  is  this  an  important  record?  Who  is  respon- 
sible for  the  safe-keeping  of  the  register?  To  whom  should  the  register  be 
delivered  after  a  term  of  school  is  closed?  What  records  must  the  teacher 
verify?  Who  may  administer  this  oath?  When  must  a  teacher  verify  this 
record? 

Who  is  the  proper  authority  to  prescribe  rules  for  the  government  of  a 
school?  When  such  rules  have  been  adopted  w-hat  is  the  duty  of  the  teacher 
in  relation  thereto?  IMay  trustees  enter  a  schoolroom  and  direct  the  enforce- 
ment of  such  rules? 

Does  the  law  define  the  school  hours?  What  are  the  usual  hours?  May 
other  hours  be  fixed?  Who  possesses  the  authority  to  fix  these  hours?  If 
unreasonable  hours  are  designated  what  is  the  relief?  May  a  teacher  close 
a  school  for  any  period  without  the  approval  of  the  trustees?  What  is 
the  effect  upon  contract  of  closing  school  without  such  consent?  Is  this 
consent  necessar}^  to  close  school  on  a  legal  holiday  or  for  attending  an 
institute? 

Is  a  teacher  required  to  do  the  janitor  work?  A  pupil?  When  maj''  a 
teacher  be  required  to  do  this  v;ork?  ^^'hy?  Is  a  teacher  entitled  to 
compensation  for  voluntarily  performing  this  work?  In  what  two  ways 
may  a  teacher  bring  an  action  in  a  court  to  enforce  payment  of  salary? 
Why  are  these  methods  ol)jectionable?  What  other  method  may  be  pur- 
sued?    Why  is  this  preferable? 

Is  there  a  provision  of  law  regulating  the  garb  which  shall  be  worn  by 
teachers?  When  and  in  what  case  was  this  question  passed  upon  by 
Superintendent  Draper?  What  was  his  decision  in  the  matter?  When  did 
Superintendent  Skinner  pass  upon  the  question?  In  what  case?  What  was 
his  decision?  What  further  action  in  this  case  did  Superintendent  Skinner 
take  on  May  15,  1897? 

When  a  teacher  under  contract  is  unable  to  teach  by  reason  of  illness 
what  should  she  do?  Who  may  select  a  substitute  teacher,  if  one  is  desired, 
during  the  illness  of  a  teacher?  Has  the  regular  teacher  any  voice  in  the 
employment  of  such  substitute?  Under  what  conditions,  in  a  case  of  this 
kind,  ma}'  a  trustee  declare  a  teacher's  contract  void?  What  remedy  has 
a  teacher  for  unfair  treatment  in  such  cases? 

What  is  the  general  ruling  in  relation  to  the  authority  of  a  teacher  over 
a  pupil?  Define  the  limits  of  a  teacher's  authority.  What  extreme  views 
have  courts  taken  on  this  question?  Are  these  decisions  safe  guides  for 
the  present?  What  is  the  modern  view  of  courts,  and  of  judicial  depart- 
ments upon  this  question?  What  has  been  the  uniform  ruling  of  the  State 
'Department?  Explain  the  ruling  of  Superintendent  Draper  in  relation  to 
the  authority  of  a  teacher  over  a  pupil  during  the  noon  recess.  The  right 
of  a  teacher  to  retain  pupils  after  the  regular  school  hours.  How  is  the 
authority  of  a  teacher  restricted  in  this  matter?  What  legal  effect  has  the 
regulations  of  a  board  of  trustees  upon  the  teacher's  power? 

To  what  schools  do  the  provisions  of  section  551  of  the  Education  Law 
relate?  How  did  this  law  effect  those  who  were  employed  at  the  time  it 
went  into  operation?  When  did  it  go  into  operation?  Name  each  of  the 
three  qualifications,  one  of  which  must  be  possessed  to  be  employed  in  a 
school  under  this  law? 

By  what  authority  has  the  subject  of  suspensions  of  pupils  been  consid- 
ered? \\hat  has  changed  rulings  on  this  ■  subject  ?  Who  is  the  proper 
authority  to  suspend  a  pupil?  ^lay  a  teacher  dismiss  a  pupil?  For  what 
period?'  What  should  a  teacher  do  in  such  case?  When  may  a  teacher 
suspend  a  pupil?    What  is  the  ruling  on  suspending  pupils  between  eight  and 


REVIEW  QUESTIONS  275 

sixteen  years  of  age?    What  is  public  opinion  on  tlie  theory  of  the  establish- 
ment of  schools? 

Who  possesses  the  authority  to  expel  a  pupil?  How  does  the  compulsory 
attendance  act  effect  the  expulsion  of  pupils?  Why  may  a  pupil  having 
contaqious  disease  be  expelled?  What  other  pupils  may  be  expelled?  How 
should  they  be  proceeded  against?  Discuss  the  right  of  a  teacher  to  inflict 
corporal  punishment.  \\'hat  is  the  duty  of  principals  in  relation  to  fire 
drills?  \\  hat  is  the  penalty  for  violation  of  this  law?  What  is  the  general 
rule  controlling  school  papers,  athletics,  school  societies,  etc.? 


CHAPTER  XXX. 

RETIREMENT  OF  TEACHERS 
[Article  43-B] 

Historical  Statement. —  The  Legislature  of  191 1  enacted  a 
retirement  law  applical)Ie  to  all  teachers  and  principals  of  the 
State  who  were  not  already  subject  to  the  provisions  of  a  local 
retirement  law.  The  law  was  also  made  applicable  to  all  super- 
intendents employed  in  cities  and  in  union  free  school  districts 
having  a  population  of  five  thousand  or  more,  and  to  district 
superintendents.  Chapter  503,  Laws  of  1920,  repeals  the  enact- 
ment of  191 1  and  substitutes  for  it  an  entirely  new  law.  This 
law  took  effect  on  August  i,  192 1. 

The  law  applies  to  all  teachers  of  the  State,  and  the  term 
"teacher"  includes  the  regular  teacher,  the  special  teacher, 
school  librarian,  physical  training  teacher,  principal,  vice-prin- 
cipal, supervisor,  supervisory  principal,  director,  superintendent, 
city  superintendent,  assistant  city  superintendent,  district  super- 
intendent, school  commissioner  and  other  members  of  the  teach- 
ing or  professional  stafif  of  any  class  of  public  school,  voca- 
tional school,  truant  reformatory  school,  parental  school  or  any 
class  of  schools  within  the  State  of  New  York,  including  schools 
on  the  Indian  reservations  conducted  under  the  direction  of  the 
education  department  and  whose  expenses  are  paid  by  the  State. 
No  person  may  be  deemed  a  teacher,  however,  who  is  not  so 
employed  for  full  time  outside  of  vacation  periods.  The  word 
"  teacher  "  also  includes  any  person  employed  in  the  State  Edu- 
cation Department  who,  at  the  time  of  entering  such  employ- 
ment or  within  one  year  prior  thereto  was  a  teacher,  or  who  is 
engaged  in  the  department  in  the  performance  of  duties  per- 
taining to  instructional  service.  The  retirement  board  is  given 
authority  to  determine  on  questions  of  doubt  in  relation  to  what 
constitutes  a  teacher. 

Retirement  Board. —  A  retirement  board  is  established,  con- 
sisting of  seven  members.  One  member  mi:st  not  be  an  em- 
ployee of  the  State,  and  must  be  an  executive  officer  of  a  bank 
authorized  to  do  business  in  the  State.  This  member  is  elected 
by  the  Regents  of  the  University  for  a  term  of  three  years.  The 
Commissioner  of  Education  shall  also  appoint  two  administra- 
tive ofificers  of  the  school  system  of  the  State,  one  to  serve  for 
two  years  and  one  to  serve  for  three  years.  Members  of  the 
retirement  board  created  under  the  act  of  191 1  are  administra- 
tive ofificers  of  the  school  system.    The  Comptroller  of  the  State 

2^6 


RETIREMENT    OF    TEACHERS  277 

may  act  as  one  of  the  board,  or  such  Comptroller  may  appoint 
some  other  person  who  shall  serve  until  that  person's  succes-or 
is  appointed.  The  members  of  the  retirement  system  are  enti- 
tled to  elect  three  members  of  the  board  from  among  the  mem- 
bership of  the  retirement  system.  One  of  such  members  is  to 
serve  for  one  year,  one  for  two  years,  and  one  for  three  years. 
The  election  at  which  these  members  are  chosen  must  be  held 
at  twelve  o'clock  noon  on  the  Monday  immediately  preceding 
Thanksgiving,  and  in  the  same  city  in  which  the  New  York 
Teachers'  Association  is  held.  If  such  convention  is  not  held 
during  that  week,  the  election  shall  occur  in  the  State  Educa- 
tion Building  at  Albany.  For  information  as  to  details  of  the 
election,  etc.,  section  1104  of  the  Education  Law  should  be 
consulted. 

As  vacancies  occur  on  the  board  by  expiration  of  term  they 
shall  be  filled  for  periods  of  three  years.  A  vacancy  occurring 
within  the  term  of  an  appointed  member  shall  be  filled  for  the 
unexpired  term  by  the  appointment  of  a  successor  in  the  same 
manner  in  which  the  person  whose  term  is  unexpired  was  chosen. 
If  a  vacancy  occurs  in  the  term  of  an  elected  member  it  shall 
be  filled  until  the  next  annual  convention  of  delegates  by  the 
Commissioner  of  Education.  When  the  annual  convention  of 
delegates  convenes,  such  vacancy  shall  be  filled  for  the  unex- 
pired term. 

This  board  is  made  responsible  for  the  general  administra- 
tion and  the  responsibility  of  the  retirement  system.  The  board 
is  authorized  to  establish  rules  and  regulations  for  the  adminis- 
tration and  transaction  of  its  business  and  for  the  control  of 
funds  created  under  the  law.  The  business  of  the  board  may  be 
legally  carried  on  by  those  members  elected  by  the  Board  of 
Regents  and  appointed  by  the  Commissioner  of  Education  and 
the  State  Comptroller  until  the  election  of  three  members  of  the 
board  by  the  members  of  the  retirement  system. 

The  board  is  required  to  hold  an  annual  meeting  in  the  Educa- 
tion Building  at  Albany  on  the  second  Wednesday  in  January, 
and  stated  meetings  at  the  same  place,  at  least  once  in  each  three 
months,  as  determined  by  the  regulations  of  the  board. 

Meml)ers  of  the  retirement  board  are  required  to  take  the 
constitutional  oath  of  office  and  file  the  same  in  the  office  of  the 
Secretary  of  State  within  ten  days  after  their  appointment  or 
election.  A  majority  of  the  members  of  the  board  shall  consti- 
tute a  quorum  for  the  transaction  of  business.  The  members  of 
this  board  serve  without  compensation,  and  they  may  be  reim- 
bursed from  the  expense  fund  for  all  actual  necessary  expenses 
and  for  any  loss  of  salary  or  wages  that  they  may  suffer  through 
serving  on  the  retirement  board. 

Officers  of  Board. —  The  retirement  board  is  authorized  to  elect 


278  NEW  YORK  SCHOOL  LAW 

from  its  membership  a  president  and  a  vice-president.  It  also  has 
power  to  employ  a  secretary  and  to  secure  the  services  of  such 
technical  and  administrative  employees  as  may  be  necessary  for 
the  transaction  of  the  business  of  the  retirement  system.  The 
retirement  board  is  authorized  to  fix  the  compensation  of  all 
persons  employed  by  it.  The  counsel  of  the  State  Education 
Department  is  the  legal  advisor  of  the  board. 

Custody  of  Funds. —  The  State  Treasurer  is  made  the  cus- 
todian of  the  funds  of  the  retirement  system.  Disbursements 
from  this  fund  may  be  made  by  the  treasurer  only  upon  authori- 
zation by  the  retirement  board  by  resolution  duly  adopted  at  a 
meeting  of  the  board  by  majority  of  its  members.  The  State 
Treasurer  is  required  to  give  additional  bond  for  such  sum  as 
the  Governor  may  from  time  to  time  fix  as  guaranty  for  the 
faithful  performance  of  his  duties  as  custodian  of  the  fund. 
The  treasurer  is  required  to  make  annual  report  of  the  funds  in 
his  custody.  He  is  also  required  to  collect  interest  on  all  retire- 
ment funds  as  the  same  becomes  due  and  payable,  and  also  the 
principal  of  such  funds,  and  to  deposit  the  same  when  collected 
to  the  credit  of  the  retirement  system. 

Investment  of  Funds,  Interest,  Accounts,  etc. —  The  retire- 
ment board  is  made  the  trustee  of  the  funds  established  by  the 
Retirement  Law,  and  such  board  is  also  authorized  to  determine 
from  time  to  time  what  moneys  belonging  to  the  retirement 
system  shall  be  invested.  The  retirement  funds  may  be  invested 
in  those  securities  only  in  which  the  trustees  of  the  savings 
banks  of  the  State  may  invest  the  moneys  in  such  banks.  When 
the  board  determines  on  the  investment  of  its  moneys  or  upon 
the  conversion  or  sale  of  its  securities  it  shall,  by  resolution 
adopted  by  a  majority  of  the  board,  direct  the  treasurer  to  invest 
such  moneys  or  to  convert  or  sell  such  securities. 

Members  or  Employees  Not  to  Be  Interested. —  No  member 
or  employee  of  the  retirement  board  shall  be  directly  or  indi- 
rectly interested  in  the  gain  or  profits  of  any  investment  made 
by  the  board,  nor  can  any  such  person  receive  pay  or  emolument 
for  his  services  except  the  regular  compensation  paid  to  him  by 
the  State.  Such  persons  are  also  prohibited  from  borrowing  any 
of  these  funds  or  depositing  or  using  such  funds  for  personal 
purposes  in  any  way  whatever,  nor  can  such  person  become  an 
endorser  or  surety  of  any  funds  loaned  or  borrowed  by  the  board. 

Powers  and  Duties  of  Retirement  Board. —  i.  Must  keep  an 
individual  account  with  each  member  showing  the  member's 
contribution  and  the  interest  accumulations  thereof. 

2.  Must  provide  for  keeping  such  data  as  may  be  necessary  to 
prepare  mortality  and  service  tables  and  for  other  actuarial 
aflFairs.  It  may  in  its  discretion  prepare  actuarial  tables  for  its 
use.     At  least  once  within  the  first  three  years  of  the  operation 


RETIKEMEXT    OF    TEACHERS  279 

of  the  law  and  every  five  years  thereafter  through  competent 
actuarial  services  it  must  prepare  a  report  showing  present  and 
prospective  assets  and  liabilities  of  all  funds. 

3.  It  must  publish  annually  a  report  showing  the  condition  of 
various  funds  and  certifying  to  the  accumulated  cash  and  securi- 
ties of  the  funds. 

4.  The  records  of  the  board  shall  be  open  to  public  inspection. 

5.  It  is  required  to  prescribe  rules  and  regulations  under  which 
information  shall  be  given  by  teachers  in  the  service,  new 
entrants,  and  for  verihcation  of  statements  made  by  such 
teachers. 

Teachers'  Statement. —  i.  Each  teacher  in  the  service  is  re- 
quired to  file  a  detailed  statement  of  her  service  in  this  State  or 
other  States  rendered  prior  to  August  i,  1921.  In  this  state- 
ment all  such  facts  must  be  given  as  the  retirement  board 
requires. 

2.  Each  teacher  entering  the  service  is  also  required  to  file  a 
detailed  statement  of  service  as  a  teacher  in  this  State  or  otlier 
States  rendered  prior  to  the  time  he  so  entered  the  work.  This 
statement  shall  show  the  number  of  years  on  account  of  which 
he  desires  to  contribute  and  such  other  facts  as  the  retirement 
board  may  require. 

The  retirement  board  is  required  to  issue  to  a  member  who 
files  the  required  statement  a  prior  service  certificate  certifying  to 
the  aggregate  length  of  such  prior  service  of  the  teacher  and  to 
the  aggregate  length  of  such  service  outside  the  State.  In  such 
prior  service  certificate,  a  present  teacher  shall  be  credited  with 
all  service  as  a  teacher  prior  to  August  i,  1921,  and  with  all 
service  not  exceeding  ten  3'ears  in  a  similar  capacity  in  other 
States.  A  new  entrant  shall  be  credited  with  all  service  as  a 
teacher  not  exceeding  ten  years  rendered  before  entering  the 
service  and  with  such  service  in  a  similar  capacity  outside  the 
State  for  which  he  desires  to  contri1)ute.  The  amount  of  such 
service  credited  together  with  the  service  credited  as  a  teacher 
may  not,  however,  exceed  ten  years. 

3.  A  prior  service  certificate  shall,  under  the  rules  of  the  board, 
be  final  and  conclusive  for  retirement  purposes  unless  modified 
for  retirement  purposes.  Application  for  modification  must  be 
made  within  one  year  after  the  issuance  of  the  certificate.  The 
retirement  board  may  correct  any  error  or  fraud  which  is  made 
in  the  issue  of  such  certificate.  If  membership  in  the  teaching 
service  discontinues,  the  retirement  certificate  becomes  void. 
Should  the  person  holding  such  certificate  again  enter  the  teach- 
ing service,  he  is  required  to  enter  as  a  new  entrant,  subject  to 
the  provisions  of  section  1109-a. 

4.  The  service  credited  to  a  member  on  retirement  shall 
consist  of  his  service  as  a  teacher  since  he  became  a  member  and 


28o  NEW  YORK   SCHOOL  LAW 

such  service  as  is  certified  for  him  in  the  prior  service  certificate 
which  he  holds. 

Superannuation  Retirement. —  (i)  Retirement  upon  a  super- 
annuation allowance  shall  be  made  under  the  following 
conditions: 

(a)  A  member  who  has  completed  twenty-five  years  of  total 
State  service  and  who  has  attained  the  age  of  sixty,  or  a  member 
who  has  completed  thirty-five  years  of  total  service  may  retire 
from  service  if  he  files  with  the  retirement  board  a  statement 
duly  attested  setting  forth  at  what  date  subseqtient  to  the  exe- 
cution and  filing  thereof  he  desires  such  retirement  and  if  during 
the  year  immediately  preceding  the  filing  of  such  statement  he 
shall  have  been  a  teacher.  The  retirement  board  shall  retire  said 
member  as  of  the  date  so  specified  by  the  member  or  as  of  such 
other  time  within  thirty  days  thereafter  as  the  retirement  board 
may  find  advisable. 

(b)  Any  member  who  has  attained  age  seventy  may  oe  retired 
at  his  own  request  or  at  the  request  of  his  employer  if  he  or  his 
employer  files  with  the  retirement  board  a  statement  duly 
attested  setting  forth  at  what  time  subsequent  to  the  execution 
and  filing  thereof  retirement  is  desired,  and  if  during  the  year 
immediately  preceding  the  filing  of  such  statement  he  shall  have 
been  a  teacher.  The  retirement  board  shall  retire  said  member 
as  of  the  date  so  specified  or  as  of  such  other  time  within  thirty 
days  thereafter  as  the  retirement  board  may  find  advisable. 

(2)  Upon  superannuation  retirement  a  member  shall  receive 
a  superannuation  retirement  allowance  which  shall  consist  of: 

(a)  An  annuity  which  shall  be  the  actuarial  equivalent  of  his 
accumulated  contril^utions  at  the  time  of  his  retirement,  and 

(1))  A  pension  of  one-quarter  (34)  of  his  final  average  salary 
or  if  his  total  service  is  less  than  twenty-five  years,  a  pension  of 
one  one-hundredth  (i/ioo)  of  his  final  average  salary  multiplied 
by  the  number  of  years  of  total  service,  and 

(c)  If  the  member  be  a  present  teacher,  a  further  pension  of 
one  one-hundred  and  fortieth  (1/140)  of  his  final  average  salary 
multiplied  by  the  number  of  years  of  total  service  certified  on  his 
prior  service  certificate,  and 

(d)  A  further  pension,  of  such  amount  as  shall  be  required  to 
bring  the  total  retirement  allowance  of  members  within  twenty- 
five  or  more  years  of  State  service  tip  to  $400  per  annum. 

Disability  Retirement. — (i)  Retirement  on  account  of  dis- 
ability shall  be  made  tmder  the  following  conditions:  A  mem- 
ber who  has  completed  at  least  fifteen  years  of  total  State  service 
may  be  retired  on  account  of  disability  either  upon  the  applica- 
tion of  his  employer  or  upon  his  own  application  or  that  of  a 
person  acting  in  his  behalf,  if  during  the  year  immediately  pre- 
ceding his  application,  he  shall  have  been  in  the  service  of  the 


retiremeint  of  teachers  281 

State  as  a  teacher  and  if  the  retirement  board,  after  a  medical 
examination  of  said  member,  made  at  the  place  of  his  residence 
within  the  State  or  other  place  mutually  agreed  upon,  by  a 
physician  or  physicians  designated  by  said  board  shall  determine 
upon  the  basis  of  a  report  submitted  by  said  physician  or  physi- 
cians that  the  said  member  is  physically  or  mentally  incapaci- 
tated for  the  performance  of  duty  and  that  said  member  ought 
to  be  retired. 

(2)  On  retirement  for  disability,  a  member  shall  receive  a 
superannuation  retirement  allowance  if  his  State  service  is 
twenty-five  or  more  years  and  he  has  attained  age  sixty  or  if  his 
total  service  is  thirty-five  or  more  years ;  otherwise,  he  shall 
receive  a  disability  retirement  allowance  which  shall  consist  of : 

(a)  An  annuity  which  shall  be  the  actuarial  equivalent  of  his 
accumulated  contributions  at  the  time  of  his  retirement ;  and 

(b)  A  pension  of  one-fifth  (1/5)  of  his  final  average  salary, 
with  the  exception  that  in  no  case  shall  the  rate  of  such  pension 
exceed  four-fifths  (4/5)  of  the  rate  of  pension  to  which  he  might 
have  been  entitled  had  retirement  been  deferred  until  the  age  of 
seventy  as  provided  under  paragraph  b  of  subdivision  i  of  sec- 
tion 1 109;  and 

(c)  If  he  be  a  present  teacher,  a  further  pension  of  one  one- 
hundred  and  fortieth  (1/140)  of  his  final  average  salary  multi- 
plied by  the  number  of  years  of  total  service  certified  on  his  prior 
service  certificate. 

(3)  Once  each  year  during  the  first  five  years  following  the 
retirement  of  the  teacher  on  a  disability  allowance  the  retirement 
board  may,  and  upon  his  application  shall,  require  any  disability 
beneficiary  to  undergo  medical  examination  by  a  physician  or 
physicians  designated  by  the  retirement  board,  said  examination 
to  be  made  at  the  place  of  residence  of  said  beneficiary  or  other 
place  mutually  agreed  upon.  Should  any  disability  beneficiary 
refuse  to  submit  to  a  medical  examination,  his  retirement  allow- 
ance shall  be  discontinued  until  his  withdrawal  of  such  refusal, 
and  should  such  refusal  continue  for  one  year,  all  his  rights  in 
and  to  his  pension  shall  be  forfeited. 

(4)  Should  the  physician  or  physicians  designated  by  the  re 
tirement  board  report  and  certify  to  the  retirement  board  that 
such  disability  beneficiary  is  engaged  in  or  is  able  to  engage  in 
a  gainful  occupation  paying  more  than  the  difference  between 
his  retirement  allowance  and  his  final  average  salary,  and  should 
the  retirement  board  concur  in  such  report,  then  the  amount  of 
his  pension  shall  be  reduced  to  an  amount  which,  when  added  to 
the  amount  earnable  by  him,  together  with  his  annuity  shall 
equal  the  amount  of  his  final  average  salary.  Should  his  earning 
capacity  be  later  changed,  then  the  amount  of  his  pension  may 
be   further   altered ;   provided,   that    the   new   pension    shall   not 


28ra  NEW   YORK   SCHOOL   LAW 

exceed  the  amount  of  the  pension  originally  granted  nor  an 
amount  which  when  added  to  the  amount  earned  by  the  bene- 
ficiary, together  with  his  annuity,  equals  the  amount  of  his  final 
average  salary.  A  beneficiary  restored  to  active  service  at  a 
salary  less  than  the  final  average  salary  or  upon  the  basis  of 
which  he  was  retired  shall  not  become  a  member  of  the  retire- 
ment system  while  receiving  a  reduced  pension. 

(5)  Should  a  disability  beneficiary  be  restored  to  active  service 
at  a  salary  as  great  as  his  final  average  salary,  his  retirement 
allowance  shall  cease,  and  he  shall  again  become  a  member  of 
the  retirement  system,  and  his  annuity  reserve  shall  be  trans- 
ferred from  the  annuity  reserve  fund  to  the  annuity  savings  fund 
and  credited  to  his  individual  account  as  a  part  of  his  accumu- 
lated contributions  in  the  latter  fund,  and  he  shall  contribute  to 
the  said  fund  thereafter  in  the  same  manner  and  at  the  same  rate 
as  he  paid  prior  to  his  disability.  His  prior  service  certificate  on 
the  basis  of  which  his  service  was  computed  at  the  time  of  his 
retirement  shall  be  renewed  and  shall  again  be  in  full  force  and 
effect,  and  in  addition,  upon  his  subsec^uent  retirement,  he  shall 
be  credited  with  all  his  service  as  a  member  subsequent  to  the 
period  covered  by  his  prior  service  certificate. 

Withdrawals  and  Death  Benefits. —  Benefits  upon  withdrawal 
and  death  shall  be  payal)le  as  follows: 

(a)  A  member  who  withdraws  from  service  or  ceased  to  be  a 
teacher  for  any  cause  other  than  death  or  retirement  shall  be 
paid  on  demand  the  accumulated  contributions  standing  to  the 
credit  of  his  individual  account  in  the  annuity  savings  fund. 

(b)  Should  a  contributor  die  before  retirement,  his  accumu- 
lated contributions  shall  be  paid  to  his  estate  or  to  such  person 
as  he  shall  have  nominated  by  written  designation  duly  executed 
and  filed  with  the  retirement  board. 

Optional  Allowances. —  At  the  time  of  his  retirement,  any 
member  may  elect  to  receive  his  benefits  in  a  retirement  allow- 
ance payable  throughout  life  or  he  may  on  retirement  elect  to 
receive  the  actuarial  equivalent  at  that  time  of  his  retirement 
allowance  in  a  lesser  retirement  allowance,  payable  throughout 
life  with  the  provision  that : 

Option  I.  If  he  die  before  he  has  received  in  payments  the 
present  value  of  his  retirement  allowance  as  it  was  at  the  time 
of  his  retirement,  the  balance  shall  be  paid  to  his  legal  representa- 
tives or  to  such  person  as  he  shall  nominate  by  written  designa- 
tion duly  acknowledged  and  filed  with  the  retirement  board. 

Option  2.  Upon  his  death,  his  retirement  allowance  shall  be 
continued  through  the  life  of  and  paid  to  such  person  as  he  shall 
nominate  by  written  designation  duly  acknowledged  and  filed 
with  the  retirement  board  at  the  time  of  his  retirement. 

Option  3.  Upon  his  death,  one-half  of  his  retirement  allowance 


RETIREMENT    OF    TEACHERS  28lb 

shall  be  continued  throughout  the  life  of  and  paid  to  such  person 
as  he  shall  nominate  by  written  designation  duly  acknowledged 
and  filed  with  the  retirement  board  at  the  time  of  his  retirement. 

Option  4.  Some  other  benefit  or  benefits  shall  be  paid  either 
to  the  member  or  to  such  person  or  persons  as  he  shall  nominate 
provided  such  other  benefit  or  benefits,  together  with  the  lesser 
retirement  allowance,  shall  be  certified  by  the  actuary  to  be  of 
equivalent  actuarial  value  to  his  retirement  allowance  and  shall 
be  approved  by  the  retirement  board. 

Benefits  to  Participants  in  Old  Retirement  Fund. —  All  annui- 
ties of  annuitants  on  the  rolls  of  the  retirement  innd  on  the 
thirty-first  day  of  July,  1921,  shall  be  paid  thereafter  from  the 
pension  accumulation  fund  created  by  this  article.  The  amount 
of  the  annuity  of  any  annuitant  on  the  rolls  of  such  retirement 
fund,  at  such  time,  who  retired  on  a  full  annuity  shall  be  not  less 
than  one-half  of  his  final  average  salary,  and  not  less  than  $400 
per  annum  ;  nor  shall  the  allowance  of  any  annuitant  on  such 
roll  retired  for  disability  be  less  than  a  proportionate  amount  of 
such  minima  based  on  the  annuitant's  years  of  service. 

Funds  Enumerated. —  The  funds  created  are : 

(a)  The  annuity-savings  fund. 

(b)  The  annuity  reserve  fund. 

(c)  The  pension  accumulation  fund. 

(d)  The  pension  reserve  fund,  and 

(e)  The  expense  fund. 

Annuity  Savings  Fund;  Contributions  and  Payments. —  The 
annuity  savings  fund  shall  be  the  fund  in  which  shall  be  accumu- 
lated the  deductions  made  from  the  compensation  of  contril)ti- 
tors.  Contributions  to  and  payments  from  the  annuity  savings 
fund  shall  be  made  in  the  following  manner: 

(i)  Each  employer  shall  deduct  from  the  compensation  of 
each  contributor  on  each  and  every  payroll  of  such  contributor 
for  each  and  every  payroll  period  subsequent  to  the  date  upon 
which  such  contributor  became  a  member  an  amount  equal  to 
four  per  centum  of  such  contributor's  earnable  compensation. 
But  no  employer  shall  make  any  deduction  for  annuity  purposes 
frinn  the  compensation  of  a  member  who  has  completed  at  least 
thirty-five  years  of  total  service,  or  who  has  attained  the  age  of 
sixty  and  completed  at  least  twenty-five  years  of  total  State 
service,  if  such  member  elects  not  to  contribute. 

(2)  In  determining  the  amount  earnable  by  a  contributor  in 
a  payroll  period,  the  retirement  board  may  consider  the  rate  of 
compensation  payable  to  such  member  on  the  first  day  of  the 
pavroll  period  as  continuing  throughout  such  payroll  period,  and 
it  may  omit  deductions  from  compensation  for  any  period  less 
than  a  full  payroll  period  if  a  teacher  was  not  a  contributor  on 
the  first  day  of  the  payroll  period,  and  to  facilitate  the  making  of 


28lC  NEW   YORK   SCHOOL   LAW 

deductions,  it  may  modify  the  deduction  required  of  any  con- 
tributor by  such  an  amount  as  shall  not  exceed  one-tenth  of  one 
per  centum  of  the  compensation  upon  the  basis  of  which  said 
deduction  is  to  be  made. 

(3)  In  addition  to  the  deductions  from  compensation  herein- 
before required,  any  contributor  may  redeposit  in  the  annuity 
savings  fund  by  a  single  payment  an  amount  equal  to  the  total 
amount  which  he  withdrew  therefrom  as  provided  in  this  article, 
or  he  may  deposit  therein  by  a  single  payment  an  amount  com- 
puted to  be  sufificient,  together  with  the  retirement  allowance 
otherwise  provided,  to  provide  for  him  a  total  retirement  allow- 
ance of  one-half  of  his  final  average  salary  upon  superannuation 
retirement.  Such  additional  amounts  so  deposited  shall  become 
a  part  of  his  accumulated  contributions. 

(4)  The  accumulated  contributions  of  a  contributor  returned 
to  him  upon  his  withdrawal  or  paid  to  his  estate  or  designated 
beneficiary  in  the  event  of  his  death  as  provided  in  this  article 
shall  be  paid  from  the  annuity  savings  fund. 

(5)  Upon  the  retirement  of  a  contributor  his  accumulated 
contributions  shall  be  transferred  from  the  annuity  savings  fund 
to  the  annuity  reserve  fund. 

Annuity  Reserve  Fund;  Pension  Accumulation  Fund. —  (i) 
The  annuity  reserve  fund  shall  be  the  fund  from  which  shall  be 
paid  all  annuities  and  all  benefits  in  lieu  of  annuities. 

(2)  The  pension  accumulation  fund  shall  be  the  fund  in  which 
shall  be  accumulated  all  reserves  for  the  payment  of  all  benefits 
with  the  exception  of  the  annuities  provided  by  the  accumulated 
contributions  of  members.  Contrilnitions  to  and  payments  from 
the  pension  accumulation  fund  shall  be  made  as  follows: 

(a)  On  account  of  each  teacher  who  is  a  member  of  the  retire- 
ment system  there  shall  be  paid  annually  beginning  with  the  first 
day  of  August,  1921,  into  the  pension  accumulation  fund  by  em- 
ployers, a  certain  percentage  of  the  earnable  compensation  of 
each  of  such  members  of  the  retirement  system  to  be  known  as 
the  "  normal  contribution  "  and  a  further  percentage  known  as 
the  "  deficiency  contribution."  The  rates  per  centum  of  such 
contributions  shall  be  fixed  on  the  basis  of  the  liabilities  of  the 
retirement  system  as  shown  by  actuarial  valuations.  Until  the 
first  valuation,  the  normal  contribution  shall  be  two  and  six- 
tenths  per  centum  of  the  members'  salaries  and  the  deficiency 
contribution  shall  be  two  and  five-tenths  per  centum  of  members' 
salaries. 

(b)  On  the  basis  of  regular  interest  and  of  such  mortality  and 
other  tables  as  shall  be  adopted  by  the  retirement  board,  the 
actuary  engaged  by  the  retirement  board  to  make  each  valuation 
required  by  this  article  during  the  period  over  which  the  de- 
ficiency contribution  is  payable,  immediately  after  making  such 


RETIREMENT    OF    TEACHERS  28 id 

valuation,  shall  determine  the  uniform  and  constant  percentage 
of  the  earnable  compensation  of  the  average  new  entrant,  who  is 
a  contributor,  which  if  contributed  on  the  basis  of  the  compensa- 
tion of  such  contributor  throughout  his  entire  period  of  active 
service,  would  be  sufficient  to  provide  at  the  time  of  his  retire- 
ment the  total  amount  of  his  pension  reserve.  The  rate  per 
centum  so  determined  shall  be  known  as  the  "  normal  contri- 
bution "  rate.  After  the  deficiency  contribution  has  ceased  to  be 
payable,  the  normal  contribution  shall  be  the  rate  per  centum  of 
the  earnable  salary  of  all  contributors  obtained  by  deducting 
from  the  total  liabilities  of  the  pension  fund  the  amount  of  the 
funds  in  hand  to  the  credit  of  that  fund  and  dividing  the  re- 
mainder by  one  per  centum  of  the  present  value  of  the  prospec- 
tive future  salaries  of  all  contributors  as  computed  on  the  basis 
of  the  mortality  and  service  tables  adopted  by  the  retirement 
board  and  on  the  basis  of  regular  interest.  The  normal  rate  of 
contribution  shall  be  determined  by  the  actuary  after  each  valu- 
ation and  shall  continue  in  force  until  a  new  valuation  and 
certification. 

(c)  Immediately  succeeding  the  first  valuation  made  subse- 
quent to  August  I,  1921,  the  actuary  engaged  by  the  retirement 
board  shall  compute  the  rate  per  centum  of  the  total  compensa- 
tion of  all  contril:)utors  during  the  preceding  school  3"ear  which 
is  equivalent  to  four  per  centum  of  the  amount  of  the  total  pen- 
sion liability  qn  account  of  all  contributors  and  beneficiaries  not 
dischargeable  by  the  aforesaid  normal  contribution  made  on 
account  of  such  contributors  during  the  remainder  of  their  active 
service.  The  contribution  derived  by  deductions  at  the  rate  per 
centum,  so  determined  or  at  a  rate  increased  therefrom  as  here- 
inafter provided  shall  be  known  as  the  "  deficiency  contribution." 

(d)  The  total  amount  payable  annually  by  all  employers  into 
the  pension  accumulation  fund  shall  be  certified  by  the  retire- 
ment board  to  the  Commissioner  of  Education  and  such  amount 
shall  equal  the  sum  of  the  rates  per  centum  known  as  the  normal 
contril)ution  rate  and  the  deficiency  contribution  rate  of  the  total 
compensation  earnable  by  all  contributors  dm-ing  the  preceding 
school  year,  provided  that  the  amount  of  each  annual  deficiency 
contribution  shall  be  at  least  three  per  centum  greater  than  the 
preceding  annual  payment.  The  aggregate  of  all  such  payments 
l)y  employers  shall  be  sufficient,  when  combined  with  the 
amounts  in  the  pension  accumulation  fund,  to  provide  the  pen- 
sions payable  out  of  the  fund  during  the  year  then  current, 
and  if  not,  the  additional  amount  so  required  shall  he  collected 
by  means  of  an  increased  contribution  which  shall  continue 
in  force  for  the  period  of  one  year,  anything  to  the  contrary 
notwithstanding. 

(e)  The  deficiency  contribution  shall  he  discontinued  as  soon 


28ie  NEW  YORK  SCHOOL  LAW 

as  the  accumulated  reserve  in  the  pension  accuniulaticr.  fund 
shall  equal  the  present  value,  as  actuarially  computed  and  ap- 
proved by  the  retirement  board,  of  the  total  liability  of  such  fund 
less  the  present  value,  computed  on  the  basis  of  the  normal  con- 
tribution rate  then  in  force,  of  the  normal  contributions  to  be 
received  on  account  of  teachers  who  are  at  that  time  contributors, 

(f)  All  pensions  with  the  exception  of  those  payable  to  new 
entrants,  shall  be  paid  from  the  pension  accumulation  fund  and 
benefits  provided  under  section  1109-d  shall  be  paid  from  the 
pension  accumulation  fund. 

(g)  All  the  moneys  and  securities  to  the  credit  of  the  retire- 
ment fund  on  the  first  day  of  August,  192 1,  shall  be  paid  by  the 
State  Treasurer  into  the  pension  accumulation  fund. 

(h)  Upon  the  retirement  of  a  new  entrant,  an  amount  equal 
to  his  pension  reserve  shall  be  transferred  from  the  pension 
accumulation  fund  to  the  pension  reserve  fund. 

Pension  Reserve  Fund. —  The  pension  reserve  fund  shall  be  the 
fund  from  which  shall  be  paid  the  pensions  to  new  entrants  on 
account  of  which  reserves  shall  be  transferred  from  the  pension 
accumulation  fund.  Should  any  disability  pension  payable  from 
said  fund  be  cancelled,  the  pension  reserve  thereon  shall  there- 
upon be  transferred  from  the  pension  reserve  fund  to  the  pension 
accumulation  fund.  Should  the  pension  of  a  disability  bene- 
ficiary be  reduced  as  a  result  of  an  increase  in  his  earning 
capacity,  the  amount  of  the  annual  reduction  in  his  pension  shall 
be  paid  annually  into  the  pension  accumulation  fund  during  the 
period  of  such  reduction. 

Teachers'  Contracts  Subject  to  Retirement  Law. —  Every 
teacher  contracting  to  teach  in  the  State  is  deemed  under  the 
provisions  of  this  act  to  consent  and  agree  to  any  deductions 
required  under  this  law  from  her  compensation  and  to  all  other 
provisions  of  the  law.  It  also  becomes  the  duty  of  the  board  or 
other  officer  employing  a  teacher  to  inform  all  teachers  whom 
he  employs  at  the  time  of  such  employment  of  the  duties  and 
obligations  of  the  teacher  in  connection  with  the  retirement 
system. 

Certifying  Teachers. —  In  September  of  each  year  it  is  the  duty 
of  each  board  to  certify  to  the  retirement  board  the  names  of  all 
teachers  to  whom  the  retirement  act  applies.    Additional  reports 


RETIREJMEXT    OF    TEACHERS  28lf 

may  be  required  at  any  time  by  the  board.  Each  board  is  also 
required  on  the  first  day  of  each  calendar  month,  or  at  other 
periods  if  requested  by  the  retirement  board,  to  notify  such  board 
of  the  employment  of  new  teachers,  removals,  withdrawals  and 
changes  in  salary  of  the  members  occurring  within  the  month. 

Collection  of  Contributions. —  Each  board  is  required  to  cause 
to  be  deducted  from  each  and  every  payroll  the  contribution 
which  each  person  is  required  to  make  whose  name  appears  upon 
such  payroll.  Each  board  shall  certify  on  each  payroll  to  the 
treasurer  or  other  proper  officer  of  the  board  a  statement  as 
voucher  for  the  amounts  deducted.  The  treasurer  or  other 
proper  officer  of  each  board  is  required  to  deposit  with  the  secre- 
tary of  the  retirement  board  each  month  the  amoiint  designated 
in  the  voucher  of  such  board  contained  on  the  payroll  filed  with 
the  treasurer.  The  method  of  transmitting  such  amounts  may  be 
regulated  by  the  rules  of  the  retirement  board. 

File  Certificate  With  the  Commissioner  of  Education. —  The 
retirement  board  is  required  to  annually  prepare  and  certify  to 
the  Department  of  Education  a  total  amount  necessary  to  be 
paid  by  all  employers  for  the  ensuing  fiscal  year  to  the  pension 
accumulation  and  expense  funds. 

Commissioner  Certify  to  Comptroller. —  The  Commissioner  of 
Education  is  required  to  mclude  in  the  certificate  of  State  funds 
apportioned  by  him  to  each  county  for  the  support  of  common 
schools  a  statement  showing  the  amount  which  each  board  is 
required  to  contribute  under  this  law. 

Comptroller  Transfer  Funds. —  i.  The  Comptroller  is  re- 
quired to  issue  his  warrant  to  the  State  Treasurer  directing  such 
officer  to  credit  to  the  pension  accumulation  fund  and  expense 
fund,  respectively,  from  the  appropriation  for  the  support  of 
common  schools,  the  amount  which  the  Commissioner  of  Edu- 
cation certifies  should  be  paid  by  each  board  as  contribution 
under  the  provisions  of  this  act. 

2.  The  Comptroller  is  also  required,  in  issuing  his  warrant  to 
the  State  Treasurer  for  the  payment  of  the  amount  which  em- 
ployers are  required  to  contribute,  to  deduct  an  amount  equal 
to  that  which  employers  contribute  from  the  funds  apportioned 
for  the  support  of  common  schools. 

3.  Boards  of  education  are  authorized  under  the  law  to  include 


28lg  NEW  YORK  SCHOOL  LAW 

in  their  tax  levy  such  amount  as  may  be  necessary  to  annually 
meet  the  amounts  which  they  are  required  to  pay  into  the  State 
treasury  for  this  purpose. 

General. —  The  provisions  of  the  act  relating  to  the  discontinu- 
ance of  local  district  pension  systems  and  of  transfer  of  contri- 
butions between  retirement  systems  is  technical,  and  is  not  given 
in  this  work.  When  discontinuance  is  contemplated,  the  State 
retirement  board  should  be  consulted  fully  before  taking  any 
steps  in  relation  to  the  matter.  The  same  procedure  should  be 
followed  by  a  contributor  who  may  at  any  time  desire  to  with- 
draw from  the  retirement  system. 

Annuities  Exempt,  et  cetera. —  Any  right  accrued  or  accruing 
to  any  person  under  the  provisions  of  the  retirement  law  and  any 
moneys  in  the  various  funds  created  thereunder  are  exempt  from 
State  and  municipal  taxation,  and  also  are  not  subject  to  execu- 
tion, garnishment,  attachment  or  any  other  process  whatsoever. 
They  are  also  unassignable  except  in  accordance  with  the  pro- 
visions of  the  retirement  law. 

False  Statements  or  Fraud. —  Any  person  who  makes  a  false 
statement  or  who  shall  falsify  or  permit  to  be  falsified  any  record 
in  relation  to  the  retirement  system,  or  who  shall  attempt  to 
defraud  such  system,  shall  be  guilty  of  a  misdemeanor. 

Errors  Corrected. —  Should  any  change  or  error  in  records 
result  in  any  employee  or  beneficiary  receiving  either  more  or 
less  than  such  beneficiary  should  receive  such  error  may  be  cor- 
rected by  the  retirement  board. 

Law  Constitutional. —  The  Appellate  Division  of  the  Third 
Department  of  the  Supreme  Court  has  determined  that  the  law 
providing  for  a  teachers  retirement  fund  is  constitutional.  The 
teachers  of  the  city  of  Yonkers  voted  under  the  provisions  of  the 
State  Teachers  Retirement  Law  to  abandon  the  local  City  Re- 
tirement Law  and  come  under  the  provisions  of  the  State  law. 
The  State  retirement  fund  board  took  such  formal  action  as  the 
law  required  to  accept  the  teachers  of  Yonkers,  but  the  ofificials 
of  that  city  in  charge  of  the  local  fund  declined  to  pay  over  to  the 
State  the  local  funds,  as  required  under  the  State  law.  The  Ap- 
pellate Division  also  held  that  the  provision  of  the  State  law  to 
the  effect  that  whenever  two-thirds  of  the  teachers  of  any  county, 
cit}'   or  district  having  a  local   or  special  act  petition   to  come 


RETIREMENT    OF    TEACHERS  28lh 

under  the  provisions  of  the  general  act,  the  State  board  may  issue 
an  order  dissolving  the  local  organization  and  bringing  all  the 
teachers  of  such  county,  city  or  district  within  the  operation  of 
the  general  law,  is  constitutional.  (Bristol  and  Others  v.  Board 
of  Trustees  of  Yonkers  Public  School  Teachers  Retirement 
Fund,  etc.,  173  App.  Div.  545.) 


CHAPTER  XXXI 

CITY    SCHOOL    SYSTEMS 
[Article  33-A] 

General  Statement. —  This  chapter  is  the  first  general  law 
enacted  in  New  York  State  for  the  regulation  and  management  of 
the  school  systems  of  the  several  cities  of  the  State.  By  this  law 
about  two  hundred  fifty  special  laws,  including  chapters  in  city 
charters,  and  containing  about  six  hundred  pages  of  printed  matter, 
were  repealed.  One  act  of  twenty-four  pages  was  substituted  for 
these  several  special  laws.  The  provisions  of  this  law  apply  to  each 
city  in  the  State. 

Board  of  Education. —  Under  the  terms  of  this  law  a  board  of 
education  is  established  for  each  city  of  the  State.  The  educational 
afifairs  of  the  city  are  placed  under  the  control  and  management  of 
such  board.  The  name  under  which  these  officers  are  known  is 
members  of  the  board  of  education. 

Qualifications  of  Members. —  No  person  is  legally  qualified  to 
hold  the  ofiice  of  member  of  a  board  of  education  in  a  city  who  is 
not  a  citizen  of  the  United  States  and  who  has  not  been  a  resident 
of  the  city  for  which  he  is  chosen  for  a  period  of  at  least  three 
years  immediately  preceding  the  d-ate  of  his  election  or  appointment. 

Number  of  Members. —  i.  A  board  of  education  in  a  city  must 
have  at  least  three  members  and  may  not  contain  more  than  nine 
members.  Each  city  having  a  board  of  education  of  more  than 
three  members  and  not  more  than  nine  members  is  to  continue  to 
have  such  number  of  members  on  its  board  as  such  board  contained 
immediately  preceding  the  date  when  this  law  became  operative. 
This  law  went  into  efl:'ect  June  8,  19 17. 

2.  The  law  provides  that  in  a  city  of  one  million  population  or 
more  the  board  of  education  shall  consist  of  seven  members.  There 
is  but  one  such  city  in  this  State,  namely,  New  York.  The  board 
of  education  in  such  city,  at  the  time  the  act  went  into  efifect,  con- 
tained forty-six  members.  By  the  provisions  of  this  law  the  num- 
ber of  members  on  that  board  is  reduced  to  seven. 

3.  In  a  city  in  which  the  number  of  members  exceed  nine,  such 
number  must  be  reduced  to  nine.  In  a  city  in  which  such  members 
are  appointed  by  the  mayor,  that  official  should  have  appointed  a 
new  board  of  nine  as  soon  as  the  new  law  went  into  efl:'ect.  In  a 
city  in  which  such  members  are  elected  no  new  members  should  be 
elected  as  vacancies  occur  until  the  number  is  reduced  to  less  than 
nine. 

4.  ^^'henever  a  new  city  is  created  by  the  Legislature  the  board 
of  education,  or  boards  of  education,  in  charge  of  the  educational 
aft'airs  of  the  several  districts,  which  are  included  within  the  limits 
of  such  city,  are  to  continue  to  operate  the  schools  until  the  first 
Tuesday  in  May  following  the  date  on  which  such  city  is  estab- 
lished. Thereafter  such  city  is  to  have  a  board  of  education  to 
consist  of  five  members. 

4-a.  In  each  city  of  the  State  in  which,  under  the  laws  relative 

282 


CITY    SCHOOL    SYSTEMS  283 

to  members  of  the  board  of  education  or  school  commissioners,  in 
existence  prior  to  June  eight,  nineteen  hundred  and  seventeen,  it 
was  provided  that  such  members  or  commissioners  comprising  the 
board  of  education  of  such  city  shall  be,  in  part,  appointed  by  the 
common  council  of  such  city,  and,  in  part,  elected  by  the  qualified 
electors  of  commissioner  districts  into  which  such  city  is  divided, 
the  members  or  commissioners  comprising  such  board  of  education 
shall  continue  to  be  appointed  by  the  common  council,  or  elected 
by  such  commissioner  districts,  in  the  manner  and  for  the  terms 
prescribed  by  such  laws,  and  so  much  of  the  said  laws  as  pertains 
to  the  number  of  members  of  the  board  of  education  of  such  city, 
the  division  of  the  city  into  commissioner  districts,  the  election  of 
commissioners  or  members  of  the  board  by  the  qualified  electors 
of  such  districts,  and  the  appointment  of  other  members  or  com- 
missioners for  the  city  at  large  by  the  common  council  of  such  city, 
shall  remain  in  full  force  and  effect  notwithstanding  the  provisions 
of  the  section  hereby  amended.  The  provisions  of  article  seven-a 
of  this  chapter,  as  added  by  chapter  seven  hundred  and  ninety-one 
of  the  laws  of  nineteen  hundred  and  seventeen,  which  pertain  to 
the  date  of  school  elections  in  cities,  qualiiications  of  electors,  the 
places  of  holding  elections,  notices  of  elections,  the  preparation  of 
poll  lists  and  the  correction  thereof,  the  inspectors  of  election  and 
the  organization  of  the  boards  of  inspectors  in  election  districts, 
the  nomination  of  candidates"  for  members  of  the  board  and  the 
ballots  containing  the  names  of  such  candidates,  the  conduct  of 
elections,  the  canvass  of  votes,  return  to  the  board  of  education  and 
declaration  of  results,  and  the  use  of  voting  machines,  shall  apply, 
so  far  as  may  be,  to  the  election  of  the  members  of  the  board  of 
education  in  such  city  by  the  qualified  electors  of  commissioner 
districts  established  as  provided  by  law.  (Subd.  added  by  L.  19191 
ch.  106.) 

How  Chosen. —  It  w-as  not  the  purpose  of  this  law  to  change  in 
any  way  the  method  by  which  members  of  boards  of  education  were 
chosen  in  the  several  cities  of  the  State  at  the  time  the  law  became 
operative.  The  law  provided  therefore  that  in  each  city  the  method 
by  which  nieml)ers  of  a  board  of  education  had  been  chosen  should 
be  continued  in  that  city.  Members  of  boards  of  education  in  the 
several  cities  of  the  State  were  chosen  by  the  following  methods: 

1.  By  appointment  by  the  mayor. 

2.  By  election  at  a  special  school  election  held  at  a  time  other 
than  the  general  or  municipal  election. 

3.  By  election  held  at  the  time  of  either  the  general  or  the  munici- 
pal election. 

4.  By  election  in  certain  union  free-school  districts  at  the  time  of 
the  annual  school  election  held  on  the  first  Tuesday  in  August. 

5.  In  one  city,  Buffalo,  the  members  of  the  board  of  education 
are  to  be  appointed  by  the  mayor  and  confirmed  by  the  council. 

In  all  cities  except  New  York  the  members  of  the  board  of  edu- 
cation are  to  be  chosen  from  the  citv  at  large.     Provision  is  made 


284  NEW  YORK  SCHOOL  LAW 

by  which  in  the  city  of  New  York  two  members  shall  be  chosen 
from  the  borough  of  Manhattan,  two  members  from  the  borough  of 
ijrooklyn  and  one  each  from  the  boroughs  of  The  Bronx,  Queens 
and  Richmond. 

Term  of  OfBce  —  When  Appointed  or  Elected. —  i.  The  full 
term  of  oftice  of  a  member  of  a  board  of  education  in  the  city  of 
New  York  is  seven  years;  in  the  cities  of  Albany,  Oswego  and 
Troy,  six  years ;  and  in  all  other  cities  of  the  State,  five  years. 

2.  The  first  board  of  education  appointed  under  the  provisions 
of  this  act,  in  the  city  of  New  York,  is  to  be  appointed  on  the  first 
Wednesday  in  January,  1918.  In  appointing  these  members  the 
mayor  shall  designate  them  for  terms  so  that  the  term  of  one  mem- 
ber shall  expire  on  the  first  Tuesday  in  May  of  each  of  the  follow- 
ing years:  1919,  1920,  1921,  1922,  1923,  1924,  and  1925.  In  1919 
and  thereafter  the  mayor  will  annually  appoint  one  member  of  the 
board  of  education  for  a  term  of  seven  years. 

3.  The  first  board  of  education  to  be  appointed  in  the  city  of 
Bul'falo  under  the  provisions  of  this  law  is  to  be  appointed  on 
January  15,  19 18,  and  these  members  are  appointed  so  that  they 
shall  serve  for  terms  of  one,  two,  three,  four,  and  five  years  respec- 
tively from  the  first  Tuesday  in  May,  19 17. 

4.  In  the  cities  in  which  the  number  of  members  on  the  board 
exceeded  nine,  and  the  members  of  such  boards  are  appointed  by 
the  mayor,  the  terms  of  all  such  members  terminated  on  June  8, 
19 1 7,  and  the  mayor  of  the  city  was  required  to  appoint  a  new 
board  of  nine  members.  In  appointing  such  members  the  mayor 
was  required  to  name  two  to  serve  until  the  first  Tuesday  in  May, 
1918;  two  to  serve  until  the  first  Tuesday  of  May,  1919;  two  to 
serve  until  the  first  Tuesday  in  May,  1920;  two  to  serve  until  the 
first  Tuesday  in  May,  1921  ;  and  one  to  serve  until  the  first  Tuesday 
in  May,  1922.  As  their  terms  expire  the  mayor  shall  fill  the  vacan- 
cies caused  thereby  for  terms  of  five  years. 

5.  In  the  cities  in  which  the  number  of  members  on  a  board  of 
education  exceeds  nine  and  the  members  of  such  board  are  chosen 
by  the  people  at  an  election,  no  vacancy  should  be  filled  until  the 
numl)er  of  members  on  such  board  is  less  than  nine.  When  the 
term  for  which  a  member  of  a  board  of  education  was  elected  prior 
to  June  8,  19 17,  expires,  such  member  continues  to  serve  until  his 
successor  is  chosen  and  such  successor  cannot  be  chosen  until  the 
first  Tuesday  in  May  following. 

Vacancies,— r  I .  (a)  When  vacancies  occur  in  a  board  of  edu- 
cation by  expiration  of  term,  prior  to  the  first  Tuesday  in  May, 
1 92 1,  in  a  city  in  which  the  members  of  such  board  are  elected  at 
the  annual  school  election  held  on  the  first  Tuesday  in  May,  such 
vacancies  shall  be  filled  for  such  terms  that  the  terms  of  one- 
fifth,  or  as  near  as  may  be,  of  all  the  members  of  such  board  shall 
expire  on  the  first  Tuesday  in  May,  1921,  and  annually  thereafter, 
(b)  Where  such  vacancies  have  been  filled  by  appointment  by 
the  mayor  since  June  8,  1917,  or  shall  be  hereafter  so  filled,  the 


CITY    SCHOOL    SYSTEMS  28$ 

mayor  shall  designate  the  terms  for  which  such  persons  so  ap- 
pointed are  to  hold  office  so  that  the  terms  of  one-fifth,  or  as  near 
as  may  be,  of  the  members  of  such  board  shall  expire  on  the  first 
Tuesday  in  May,  192 1,  and  annually  thereafter. 

(c)  The  persons  so  elected  or  appointed  shall  take  office  imme- 
diately thereafter,  except  as  otherwise  provided  in  the  City 
School  Law.     (See  L.  1918,  ch.  252.) 

2.  When  a  vacancy  occurs  other  than  by  expiration  of  term  in 
a  city  in  which  the  members  of  a  board  of  education  are  elected 
by  the  people  the  mayor  of  the  city  should  fill  such  vacancy  by 
appointment  until  the  next  election  occurs  at  which  members  of 
a  board  of  education  may  be  elected.  Such  vacancy  should  then 
be  filled  for  the  balance  of  the  unexpired  term. 

3.  When  such  a  vacancy  occurs  in  a  city  in  which  the  members 
of  such  board  are  appointed  by  the  mayor,  such  vacancy  should 
be  filled  by  the  mayor  for  the  unexpired  portion  of  such  term. 

Meetings  of  Board. —  i.  The  annual  meeting  of  each  board  of 
education  must  be  held  on  the  second  Tuesday  in  May. 

2.  Regular  meetings  of  the  board  must  be  held  at  stated 
times  fixed  by  the  board.  These  meetings  must  be  held  as  often 
at  least  as  once  each  month.  The  board  may  determine  by  regu- 
lation to  hold  such  meetings  oftener. 

3.  The  board  may  hold  special  meetings  and  must  prescribe  a 
method  by  which  such  meetings  may  be  called.  Special  meet- 
ings must,  therefore,  be  called  by  the  method  prescribed  by  the 
board. 

Powers  and  duties  of  City  Board  of  Education. —  The  law 
confers  specific  jjowcrs  and  duties  uj)on  the  board  of  education. 
Such  board  is  the  governing  body  of  the  schools  of  a  cit3^  The 
intention  of  the  law  is  to  confer  upon  a  board  such  broad  general 
powers  that  it  may  do  anything  necessary  to  provide  the  educa- 
tional facilities  for  the  city  which  the  people  of  such  city  desire. 
The  law  confers  the  following  general  powers  upon  a  board  of 
education : 

1.  To  perform  any  duty  impos&d  upon  boards  of  education  or 
trustees  of  common  schools  under  this  chapter  or  other  statutes, 
or  the  regulations  of  The  University  of  the  State  of  New  York  or 
the  Commissioner  of  Education  so  far  as  they  may  be  applicable 
to  the  school  or  other  educational  affairs  of  a  city,  and  not  incon- 
sistent with  the  provisions  of  this  article. 

2.  To  create,  abolish,  maintain  and  consolidate  such  positions, 
divisions,  boards  or  bureaus  as,  in  its  judgment,  may  be  necessary 
for  the  proper  and  efficient  administration  of  its  work  ;  to  appoint 
a  superintendent  of  schools,  such  associate,  district  and  other 
superintendents,  examiners,  directors,  supervisors,  principals, 
teachers,  lecturers,  special  instructors,  medical  inspectors,  nurses, 
auditors,   attendance    officers,    secretaries,    clerks,   janitors    and 


286  NEW    YORK    SCHOOL    LAW 

Other  employees  and  other  persons  or  experts  in  educational, 
social  or  recreational  work  or  in  the  business  management  or 
direction  of  its  affairs  as  said  board  shall  determine  necessary  for 
the  efficient  management  of  the  schools  and  other  educational, 
social,  recreational  and  business  activities;  and  to  determine 
their  duties  except  as  otherwise  provided  herein. 

3.  To  have  the  care,  custody,  control  and  safekeeping  of  all 
school  property  or  other  property  of  the  city  used  for  educational, 
social  or  recreational  work  and  not  specifically  placed  by  law 
under  the  control  of  some  other  body  or  officer,  and  to  prescribe 
rules  and  regulations  for  the  preservation  of  such  property. 

4.  To  purchase  and  furnish  such  apparatus,  maps,  globes, 
books,  furniture  and  other  equipment  and  supplies  as  may  be 
necessary  for  the  proper  and  efficient  management  of  the  schools 
and  other  educational,  social  and  recreational  activities  and  in- 
terests under  its  management  and  control.  To  provide  text- 
books or  other  supplies  to  all  the  children  attending  the  schools 
of  such  cities  in  which  free  text-books  or  other  supplies  are  law- 
fully provided  prior  to  the  time  this  act  goes  into  effect. 

5.  To  establish  and  maintain  such  free  elementary  schools, 
high  schools,  training  schools,  vocational  and  industrial  schools, 
kindergartens,*  technical  schools,  night  schools,*  part-time  or 
continuation  schools,  vacation  schools,  schools  for  adults,  open 
air  schools,  schools  for  the  mentally  and  physically  defective 
children  or  such  other  schools  or  classes  as  such  board  shall 
deem  necessary  to  meet  the  needs  and  demands  of  the  city. 

6.  To  establish  and  maintain  libraries  which  may  be  open  to 
the  public,  to  organize  and  maintain  public  lecture  courses,  and 
to  establish  and  equip  playgrounds,  recreation  centers,  social 
centers,  and  reading  rooms  from  such  funds  as  the  education  law 
or  other  statutes  authorize  and  the  State  appropriates  for  such 


*  Chapter  409  of  the  Laws  of  1918  regulates  the  establishment  of  night 
schools  and  kindergartens,  as  follows: 

Kindergartens;  night  schools.  The  board  of  education  of  each  school 
district  and  of  each  city  may  maintain  kindergartens  which  shall  be  free 
to  resident  children  between  the  ages  of  four  and  six  years. 

Night  schools  wherein  the  common  branches  and  such  additional  subjects 
as  may  be  adapted  to  students  applying  for  instruction  are  taught  on  three 
nights  each  week,  for  two  hours  each  night,  shall  be  maintained  by  the 
board  of  eduaction :  ,       ,        ■  r    1      j  t_     1 

1.  In  each  city  of  the  first  class  throughout  the  duration  of  the  day  school 

term.  ,       j      .     •  1 

2.  In  each  city  of  the  second  class  on  at  least  one  hundred  nights. 

3.  In  each  city  of  the  third  class  on  at  least  eighty  nights. 

4.  In  each  city  not  subject  to  the  foregoing  provisions  in  each  school  dis- 
trict where  twenty  or  more  minors  between  the  ages  of  sixteen  and  twenty- 
one  years  are  required  to  attend  school,  or  where  twenty  or  more  persons 
over  the  age  of  sixteen  years  make  applications  for  instruction  in  a  night 
school,  for  at  least  seventy-five  nights. 

All  night  schools  shall  be  free  to  all  persons  residing  in  the  districts  or 
city. 


CITY    SCHOOL    SYSTEMS  28/ 

purposes,  and  from  such  other  funds  as  may  be  provided  therefor 
from  local  taxation  or  other  sources. 

7.  To  authorize  the  general  courses  of  study  which  shall  be 
given  in  the  schools  and  to  approve  the  content  of  such  courses 
before  they  become  operative. 

8.  To  authorize  and  determine  the  text-books  to  be  used  in  the 
schools  under  its  jurisdiction,  but  in  a  city  having  a  board  of 
superintendents,  the  books  thus  authorized  and  determined  shall 
be  from  lists  recommended  by  such  board. 

9.  To  prescribe  such  regulations  and  by-laws  as  may  be  neces- 
sary to  make  effectual  the  provisions  of  this  chapter  and  for  the 
conduct  of  the  proceedings  of  said  board  and  the  transaction  of 
its  business  affairs,  for  the  general  management,  operation,  con- 
trol, maintenance  and  discipline  of  the  schools,  and  of  all  other 
educational,  social  or  recreational  activities  and  other  interests 
under  its  charge  or  direction. 

10.  To  perform  such  other  duties  and  possess  such  other  powers 
as  may  be  required  to  administer  the  affairs  placed  under  its  control 
and  management,  to  execute  all  powers  vested  in  it,  and  to  promote 
the  best  interests  of  the  schools  and  other  activities  committed  to  its 
care. 

It  will  be  observed  that  under  the  foregoing  provisions  of  law  a 
board  of  education  has  very  broad  powers.  It  may  create  such 
organization  for  the  management  and  operation  of  the  school  system 
as  in  the  judgment  of  the  board  may  be  necessary.  It  may  change 
such  organization  from  time  to  time  by  abolishing  unnecessary  posi- 
tions, by  creating  new  positions  and  by  consolidating  positions, 
boards,  bureaus,  etc. 

Contracts. —  i.  A  board  of  education  is  prohibited  from  making 
a  contract  for  the  construction,  alteration,  or  remodeling  of  a  school 
building,  or  for  the  purchase  of  sites,  furniture,  or  equipment  unless 
such  board  shall  have  duly  advertised  for  estimates.  The  contract 
in  each  case  must  be  awarded  by  the  board  of  education  to  the  low- 
est responsible  bidder  furnishing  such  security  as  the  board  of  edu- 
cation may  require  for  the  proper  performance  of  the  terms  of  such 
contract. 

2.  A  board  of  education  is  also  prohibited  from  incurring  a  lia- 
bility or  an  expense  chargeable  against  the  funds  under  its  control 
or  the  city,  for  any  purpose  whatever,  in  excess  of  the  amount  ap- 
propriated or  available  therefor  or  otherwise  authorized  by  law. 

Local  School  Boards. —  i.  New  York  city  was  divided  into  local 
school  board  districts  under  the  provisions  of  its  charter.  Such 
districts  are  continued  under  the  present  general  law.  No  other 
city  has  such  districts.  The  board  of  educaiton  is  given  the  power 
to  modify  the  boundaries  of  such  districts,  to  consolidate  two  or 
more  districts  and  to  establish  new  districts. 

2.  Each  of  these  districts  has  a  local  school  board  of  five  mem- 
bers.    The  members  of  these  boards  are  appointed  by  the  pre'^ident 


28o  NEW    YORK    SCHOOL    LAW 

of  the  borough  in  which  the  district  is  located.  In  addition  to  these 
iive  members  the  board  of  education  must  designate  one  member  of 
the  board  of  education  as  member  of  such  board.  The  superin- 
tendent of  schools  must  assign  one  district  superintendent  to  advise 
such  boards. 

3.  The  full  term  of  a  member  of  a  local  board  is  five  years. 
Members  in  office  on  June  8,  191 7,  when  the  city  law  went  into 
effect,  serve  out  their  terms  of  office.  A  vacancy  on  such  board  is 
filled  by  the  borough  president  for  the  unexpired  term. 

4.  The  law  specifically  confers  upon  these  boards  the  following 
duties : 

1.  To  visit  the  schools  in  its  district  at  least  once  each  quarter, 

2.  To  make  recommendations  to  the  board  of  education  with 
respect  to  matters  afi^ecting  the  interests  of  the  schools. 

3.  To  transfer  teachers  from  school  to  school,  within  the  juris- 
diction of  a  local  board  district  under  such  regulations  as  the  board 
of  education  may  prescribe. 

4.  To  excuse  absences  of  teachers  under  regulations  prescribed 
by  the  board  of  education. 

5.  To  hear  charges  against  teachers  or  principals  as  the  regula- 
tions of  the  board  of  education  prescribes. 

6.  To  perform  such  other  duties  as  the  regulations  of  the  board 
of  education  impose  upon  such  local  boards. 

7.  To  prescribe  by-laws  regulating  the  exercise  of  the  powers 
and  duties  of  such  local  district  board.  Such  by-laws,  of  course, 
must  not  conflict  with  the  by-laws  of  the  board  of  education. 

8.  To  elect  a  secretary  and  to  prescribe  his  duties. 

The  board  of  education  is  required  to  provide  for  the  expenses  of 
such  local  board  and  a  place  for  its  meetings. 

The  secretary  of  such  board  may  administer  oaths  and  take 
affidavits  in  all  matters  pertaining  to  the  affairs  of  the  schools  in 
his  district  in  which  a  local  board  has  power  to  act.  For  such  pur- 
pose a  secretary  possesses  the  power  of  a  commissioner  of  deeds. 
The  secretary  is  entitled  to  receive  no  fee  or  other  emolument. 

SUPERINTENDENT    OF    SCHOOLS BOARD    OF    SUPERINTENDENTS 

Term. —  i.  The  law  fixes  a  term  of  office  for  superintendents  in 
cities  of  the  first  class  only.  Under  former  statutes  the  superintend- 
ents of  the  three  cities  of  the  first  class  were  the  only  superintendents 
in  the  State  who  had  a  fixed  term.  In  one  of  these  cities,  the  term 
was  four  years,  in  another,  five  years,  and  in  the  third,  six  years. 
In  the  present  statute  the  term  of  the  superintendent  in  a  city  of 
this  class  is  fixed  for  a  period  of  six  years  from  the  date  of  his 
appointment.  The  first  class  cities  are  New  York,  Buffalo,  and 
Rochester. 

2.  The  term  of  office  of  a  superintendent  in  each  of  the  other 
cities  of  the  State  is  during  the  pleasure  of  the  board  of  education. 


CITY    SCHOOL    SYSTEMS 


289 


3.  Each  superintendent  in  ofifice  when  the  new  law  went  into 
effect  is  to  serve  out  the  term  for  which  he  was  chosen. 

Removal. — A  superintendent  in  the  three  cities  for  which  a 
fixed  term  is  prescribed  may  be  removed  for  cause  only.  In  such 
cases  definite  charges  must  be  preferred  against  the  superintendent ; 
a  hearing  must  be  accorded  him  with  the  right  to  appear  by  counsel 
and  witnesses.  The  action  of  a  board  in  removing  a  superintendent 
before  the  expiration  of  his  term  of  office  is  reviewable  on  appeal, 
by  the  Commissioner  of  Education.  In  each  of  the  other  cities  a 
superintendent  may  be  removed  at  the  pleasure  of  the  board. 

Resignation. — A  superintendent  may  vacate  his  position  by 
filing  his  written  resignation  with  the  board  of  education. 

Eligibility. —  No  person  is  eligible  to  the  position  of  superin- 
tendent of  schools  who  does  not  possess  one  of  the  following  quali- 
fications : 

1.  A  graduate  of  a  college  or  university  approved  by  The  Uni- 
versity of  the  State  of  New  York,  and  has  had  at  least  five  years' 
successful  experience  in  the  teaching  or  in  the  supervision  of  pubhc 
schools  since  graduation  ;  or 

2.  A  holder  of  a  superintendent's  certificate  issued  by  the  com- 
missioner of  education  under  regulations  prescribed  by  the  Regents 
of  The  University  of  the  State  of  New  York,  and  has  had  at  least 
ten  years'  successful  experience  in  teaching,  or  in  public  school 
administration,  or  equivalent  educational  experience  approved  by 
the  Commissioner  of  Education. 

Powers  and  Duties. —  The  present  law  is  the  first  general  act 
in  this  State  which  confers  definite  professional  powers  upon  a  city 
superintendent  of  schools.  The  law  provides  that  a  superintendent 
shall  perform  certain  fixed  functions,  and  no  other  official  in  the 
school  system  may  perform  these  duties.  Very  many  of  these 
duties  may  be  amplified  under  regulations  of  the  board  of  educa- 
tion. The  law  specifically  provides  that  a  superintendent  of  schools 
shall  exercise  the  powers  which  are  conferred  upon  him,  subject 
to  the  by-laws  of  the  board.  This  provision  of  law  may  not  be 
construed  to  mean  that  a  board  of  education  may  defeat  the  purpose 
of  the  law  by  prescribing  unreasonable  rules,  which  shall  nullify  the 
law,  or  prevent  the  superintendent  from  performing  those  official 
functions  which  are  generally  recognized  in  educational  work  to  be 
the  functions  of  a  city  superintendent  and  which  the  law  intended 
such  officer  should  exercise.     The  board  of  education  may,  however. 


290 


NEW    YORK    SCHOOL    LAW 


enact  any  reasonable  by-law  to  make  more  effective  the  work  of  the 
city  superintendent  and  to  enable  that  officer  to  perform  the  duties 
in  behalf  of  the  school  system  which  the  enactment  of  this  law 
intended  the  city  superintendent  should  perform. 

The  law  confers  the  following  powers  and  duties  upon  the  super- 
intendent : 

1.  To  enforce  all  provisions  of  law  and  all  rules  and  regulations 
relating  to  the  management  of  the  schools  and  other  educational, 
social  and  recreational  activities  under  the  direction  of  the  board 
of  education,  to  be  the  chief  executive  officer  of  sucli  board  and  the 
educational  system,  and  to  have  a  seat  in  the  board  of-  education 
and  the  right  to  speak  on  all  matters  before  the  board,  but  not  to 
vote. 

2.  To  prepare  the  content  of  each  course  of  study  authorized  by 
the  board  of  education,  but  in  a  city  having  a  board  of  superintend- 
ents the  content  of  each  of  such  courses  shall  be  prepared  and  recom- 
mended by  the  board  of  superintendents,  submitted  to  the  board  of 
education  for  its  approval  and,  when  thus  approved,  the  superin- 
tendent or  board  of  superintendents,  as  the  case  may  be.  shall  cause 
such  courses  of  study  to  be  used  in  the  grades,  classes  and  schools 
for  which  they  are  authorized. 

3.  To  recommend  suitable  lists  of  textbooks  to.  be  used  in  the 
schools,  but  in  a  city  having  a  board  of  superintendents  such  board 
of  superintendents  shall  recommend  to  the  board  of  education  such 
lists. 

4.  To  have  supervision  and  direction  of  associate,  district  and 
other  superintendents,  directors,  supervisors,  principals,  teachers, 
lecturers,  medical  inspectors,  nurses,  auditors,  attendance  officers, 
janitors  and  other  persons  employed  in  the  management  of  the 
schools  or  the  other  educational  activities  of  the  city  authorized  by 
this  chapter  and  under  the  direction  and  management  of  the  l:)oard 
of  education  ;  to  transfer  teachers  from  one  school  to  another,  or 
from  one  grade  of  the  course  of  study  to  another  grade  in  such 
course,  and  to  report  immediately  such  transfers  to  said  board  for 
its  consideration  and  action,  but  in  a  city  having  a  board  of  super- 
intendents such  transfers  shall  be  made  upon  the  recommendation 
of  such  board;  to  report  to  said  board  of  education  violations  of 
regulations  and  cases  of  insubordination,  and  to  suspend  an  asso- 
ciate, district  or  other  superintendent,  director,  supervisor,  expert, 
principal,  teacher  or  other  employee  until  the  next  regular  meeting 


CITY    SCHOOL    SYSTEMS  2gi 

of  the  board,  when  all  facts  relating-  to  the  case  shall  be  submitted 
to  the  board  for  its  consideration  and  action. 

5.  To  have  supervision  and  direction  over  the  enforcement  and 
observance  of  the  courses  of  study,  the  examination  and  promotion 
of  pupils,  and  over  all  other  matters  pertaining  to  playgrounds, 
medical  inspection,  recreation  and  social  center  work,  libraries, 
lectures  and  all  the  other  educational  activities  and  interests  under 
the  management,  direction  and  control  of  the  board  of  education, 
but  in  a  city  having  a  board  of  superintendents  rules  and  regulations 
for  the  promotion  and  graduation  of  pupils  shall  be  made  by  such 
board. 

6.  To  issue  such  licenses  to  teachers,  principals,  directors  and 
other  members  of  the  teaching  and  supervising  staff  as  may  be 
required  under  the  regulations  of  the  board  of  education  in  cities 
in  which  such  board  requires  its  teachers  to  hold  qualifications  in 
addition  to  or  in  advance  of  the  minimum  qualifications  required 
imder  this  chapter.  In  a  city  having  a  board  of  examiners,  such 
licenses  shall  be  issued  on  the  recommendation  of  such  board. 

7.  In  addition  to  the  foregoing  powers  and  duties,  the  superin- 
tendent of  schools  must  perform  any  other  power  or  duty  required 
of  him  through  the  by-laws  of  the  board  of  education  and  which 
are  not  inconsistent  with  provisions  of  law. 

ASSOCIATE  SUPERINTENDENT BOARD   OF  SUPERINTENDENTS 

General  Provisions. —  The  present  law  continues  that  provision 
of  the  former  law  regulating  the  school  system  of  the  city  of  New 
York  which  established  a  board  of  suj^erintendents.  Associate  su- 
perintendents are  appointed  by  the  board  of  education  without  the 
recommendation  of  the  superintendent  of  schools.  The  board  of 
superintendents  consists  of  the  superintendent  of  schools,  who  is 
chairman  of  such  board,  and  the  eight  associate  sui)erintendents  of 
that  city.  An  associate  superintendent  must  possess  the  same  qual- 
ifications which  are  prescribed  for  a  su]ierintendent.  The  term  of 
office  of  an  associate  superintendent  is  six  years. 

The  associate  superintendents  in  office  on  May  8,  1917,  the  date 
when  the  city  school  law  went  into  effect,  are  continued  in  office 
until  the  expiration  of  their  terms.  An  associate  superintendent  may 
also,  like  a  city  superintendent,  vacate  his  office  by  filing  a  written 
resignation  with  the  board.     Associate  superintendents  must  per- 


292  NEW    YORK    SCHOOL   LAW 

form  such  duties  as  the  by-laws  of  the  board  of  education  require 
in  addition  to  serving  as  members  of  the  board  of  superintendents. 
The  law  confers  the  following  specific  powers  and  duties  upon  a 
board  of  superintendents : 

1.  Prepare  and  recommend  the  content  of  each  course  of  study. 

2.  Cause  courses  of  study,  which  have  been  properly  authorized 
and  adopted,  to  be  used  in  grades,  classes  and  schools  for  which 
they  are  intended. 

3.  Recommend  to  the  board  of  education  suitable  lists  of  text- 
books. 

4.  Recommend  to  the  superintendent  of  schools  tne  teachers  to  be 
transferred  from  one  school  to  another  school  or  from  one  grade  of 
the  course  of  study  to  another  grade  in  such  course. 

5.  Prescribe  rules   for  the  promotion  and  graduation  of  pupils. 

6.  Recommend  for  probationary  appointment,  to  the  board  of 
education,  district  superintendents,  directors,  supervisors,  principals, 
teachers  and  all  other  members  of  the  teaching  and  supervisory  stafif 
except  associate  superintendents  and  members  of  the  board  of 
examiners. 

7.  Recommend  to  the  board  of  education  the  discontinuance  of 
the  services  of  a  district  superintendent,  director,  super^-isor,  prin- 
cipal, teacher  or  any  other  member  of  the  teaching  or  supervisory 
staff,  who  has  been  appointed  on  probation  but  whose  work  is  so 
unsatisfactory  that  he  should  not  be  permitted  to  complete  his  pro- 
bationary period. 

8.  Report  in  writing  to  the  board  of  education,  recommendations 
for  the  permanent  appointments  of  those  persons  who  have  served 
probationary  periods  and  have  been  found  to  be  competent,  efficient 
and  satisfactory. 

9.  Recommend  to  the  board  of  education  the  academic  and  pro- 
fessional qualifications  required  for  each  kind  or  grade  of  license 
and  to  also  recommend  the  kinds  and  grades  of  licenses  which  shall 
be  required  to  enter  the  teaching  service  as  principal,  branch-princi- 
pal, directors,  supervisor  or  teacher  of  special  branches,  head  of 
department,  assistant  or  any  other  position  on  the  teaching  staff. 

It  will  be  observed  from  the  foregoing  duties  exercised  by  the 
board  of  superintendents  that  the  intention  of  the  law  is  to  confer 
upon  the  board  of  superintendents  of  the  city  of  New  York,  certain 
professional  functions  which,  in  the  other  cities,  are  exercised  by 
the  superintendent  of  schools. 


CITY    SCHOOL    SYSTEMS  293 

Assistant,  District  and  Other  Superintendents. —  i.  In  addition 

to  a  city  superintendent  of  schools  and  associate  superintend- 
ents in  the  city  of  New  York,  the  law  authorizes  the  board 
of  education  of  each  city  to  create  such  assistant,  district,  or 
other  superintendents  as  may  be  necessary  for  the  proper  super^ 
vision  and  management  of  the  schools  of  the  city.  These  super- 
intendents are  appointed  by  the  board  of  education  for  a  pro- 
bationary period.  This  period  may  be  fixed  by  the  board  for 
not  less  than  one  year  and  not  more  than  three  years.  '  Any  time 
during-  this  probationary  period  such  superintendents  may  be  re- 
moved by  the  board  of  education  on  the  recommendation  of  the 
city  superintendent,  but  in  the  city  of  Xew  York  removal  in  such 
case  must  be  on  the  recommendation  of  the  board  of  superintend- 
ents. At  the  termination  of  the  probationary  term  of  service,  the 
superintendent  of  schools  and  in  the  city  of  New  York  the  board  of 
superintendents  is  required  to  make  a  report  to  the  board  of  educa- 
tion upon  the  work  which  these  officers  have  performed.  If  that 
report  certifies  that  these  officers  have  been  found  competent,  ef- 
ficient, and  satisfactory,  they  become  permanent  officers  in  the  school 
system  and  may  thereafter  be  removed  for  cause  only. 

2.  The  law  provides  that  persons  serving  in  such  positions  when 
the  present  act  went  into  eft'ect,  June  8,  1917,  who  had  served  the 
full  probationary  period  or  had  rendered  satisfactorily  an  equivalent 
l)eriod  of  service,  shall  thereafter  hold  their  positions  during  good 
behavior  and  efficient,  competent  service.  They  may  not  be  re- 
moved except  for  cause,  after  hearing,  and  by  a  majority  vote  of 
the  members  of  the  board  of  education.  Under  this  provision  of 
law  the  district  superintendents  of  the  city  of  New  York  have  a 
])ermanent  tenure  and  in  this  respect  are  on  the  same  basis  as  direct- 
ors and  grammar  and  high  school  principals  in  such  city. 

Board  of  Examiners. —  New  York  city  must  have  a  ooard  of 
examiners  consisting  of  seven  members.  Each  other  city  may 
create  a  board  which  has  sufficient  work  to  justify  the  establish- 
ment of  such  board.  No  member  of  a  board  of  examiners  may 
serve  as  a  member  of  the  teaching  or  supervisory  staffs  of  the  city. 
Members  of  a  board  of  examiners  are  appointed  by  the  board  of 
education.  Members  appomtcd  to  the  board  of  examiners  must 
serve  the  probationary  period  fixed  by  the  board  of  education.  This 
period  may  be  not  less  than  one  year  and  not  more  than  three 
years.    Members  of  such  board  in  office  on  J  une  8,  ly  17,  who  had 


294  NEW    YORK    SCHOOL   LAW 

rendered  satisfactory  service  for  a  period  of  time  equivalent  to  the 
probationary  period  prescribed  by  the  board  of  education  are  entitled 
to  hold  their  positions  during  good  behavior  and  competent  and 
efficient  service.  A  member  of  such  board  may  be  removed  for 
cause,  but  must  be  granted  a  formal  hearing.  A  majority  of  the 
members  of  the  board  is  necessary  to  effect  a  removal. 

The  law  specifies  that  a  board  of  examiners  sball  perform  the 
following  duties : 

1.  To  hold  examinations  whenever  necessary. 

2.  To  examine  all  applicants  for  positions  in  the  school  system  of 
the  city,  except  examiners,  who  are  required  to  be  examined  or  to 
have  their  names  placed  upon  eligible  lists  in  order  to  be  eligible  for 
appointment  to  such  positions. 

3.  To  prepare  all  necessary  eligible  lists. 

4.  To  employ  temporary  assistance  when  necessary  at  such  com- 
pensation as  the  board  of  education  shall  determine. 

5.  To  perform  any  other  duty  required  by  the  board  of  educa- 
tion. 

TEACHING    STAFF 

Who  Are  Included. —  Under  this  heading  may  be  included 
elementary  school  teachers,  vocational  school  teachers,  industrial 
school  teachers,  high  school  teachers,  training  school  teachers,  special 
teachers,  school  principals,  special  teachers  and  supervisors  and 
directors. 

How  Appointed. —  All  members  of  the  teaching  staff  are  ap- 
pointed by  the  board  of  education  on  the  recommendation  of  the 
superintendent  of  schools.  In  New  York  city  the  recommendation 
must  be  by  the  board  of  superintendents.  In  Buffalo  and  in  New 
York  city  all  members  of  the  teaching  staff,  except  a  principal  of  a 
high  school,  a  principal  or  teacher  of  a  training  school  or  a  director 
of  a  special  branch,  must  be  appointed  from  the  first  three  on  an 
eligible  list.  A  board  of  education  of  any  other  city  may  prescribe 
rules  requiring  appointments  to  be  made  from  eligible  lists  estab- 
lished under  the  rules  of  such  board. 

Eligible  Lists. —  i.  In  a  city  in  which  the  law  requires  an 
eligible  list,  as  in  Buffalo  and  New  York,  such  list  must  be  pre- 
pared by  the  board  of  examiners.  In  any  other  city  in  which  an 
eligible  list  is  required  under  the  regulations  of  the  board  of  edu- 


CITY    SCHOOL    SYSTEMS  295 

cation  such  list  must  be  prepared  as  the  regulations  of  the  board 
direct. 

2.  Eligible  lists  may  not  be  merged  and  one  list  must  be  ex- 
hausted before  nominations  are  made  from  a  list  established  at  a 
subsequent  date.  No  eligible  list,  except  the  eligible  list  for  prin- 
cipals, shall  remain  in  force  for  a  longer  period  than  three  years. 
Eligible  lists  in  force  June  8,  1917,  are  in  no  way  affected  by  the 
new  city  school  law. 

3.  Xo  person  may  be  placed  upon  an  eligible  list  who  does  not 
satisfy  the  recjuirements  of  the  law  as  to  academic  and  professional 
qualifications  and  such  further  requirements  as  the  Commissioner 
of  Education  may  prescribe.  The  board  of  education  of  a  city 
may  also  prescribe  additional  or  higher  qualifications  for  the  teach- 
ers to  be  employed  in  its  city. 

Certificate  or  License. —  In  addition  to  such  certificate  as  the 
State  law  or  the  regulations  prescribed  by  the  Commissioner  of 
Education  requires,  a  teacher  must  also  obtain  the  kind  and  grade 
of  license  prescribed  under  the  regulations  of  the  board  of  educa- 
tion. The  superintendent  of  schools  recommends  to  the  board  of 
education  the  kind  and  grades  of  licenses  which  shall  be  required 
for  each  position  in  the  teaching  staff  of  the  city.  He  also  recom- 
mends the  academic  and  the  professional  training  which  shall  be 
prescribed  for  such  positions.  In  the  city  of  New  York  such 
recommendations  in  relation  to  the  kind  and  grades  of  licenses 
and  the  academic  and  professional  training  must  be  made  by  the 
board  of  superintendents.  A  person  employed  in  a  position  for 
which  a  license  is  required  who  does  not  possess  the  appropriate 
license  has  no  claim  against  the  city  or  the  board  of  education  for 
salary.  The  board  of  education  in  prescribing  the  kinds  of  certifi- 
cates and  grades  thereof  and  the  academic  and  professional  quali- 
fications must  be  governed  by  the  law  in  reference  to  such  matters 
and  by  regulations  on  the  same  subject  which  have  been  prescribed 
by  the  Commissioner  of  Education. 

Term  of  Employment.- —  i.  In  the  first  instance  members  of 
the  teaching  staff  are  appointed  for  a  probationary  period.  The 
board  of  education  of  each  city  should  fix  such  period  by  the 
adoption  of  a  by-law.  That  period  may  not  be  less  than  one  year 
and  not  more  than  three  years.  In  prescribing  such  by-law  the 
board  of  education  in  a  city  in  which  the  members  of  the  teaching 
staff  have  not  had  a  permanent  tenure  should  specify  what  pro- 


296  NEW   YORK   SCHOOL  LAW 

bationary  period  the  members  of  such  stall  who  have  been  in  the 
service  of  such  city  shall  serve  before  having  permanent  tenure. 
After  serving  that  period  all  members  of  the  teaching  staff  have 
permanent  tenure. 

2.  A  member  of  the  teaching  staff  may  be  discontinued  at  any 
time  during  his  probationary  period  by  the  board  of  education  upon 
the  recommendation  of  the  superintendent  of  schools.  In  the  city 
of  New  York  such  recommendation  must  be  made  by  the  board  of 
superintendents. 

3.  The  superintendent  of  schools  is  required  to  make  a  written 
report  to  the  board  of  education  on  each  member  of  the  teaching 
staff  who  has  completed  a  probationary  period  recommending  for 
permanent  appointment  those  who  have  been  found  competent, 
efhcicnt  and  satisfactory.  In  the  city  of  New  York  such  recom- 
mendations must  be  made  by  the  board  of  superintendents.  Upon 
presentation  of  such  report  to  the  board  of  education  the  persons 
named  therein  shall  be  entitled  to  hold  their  positions  during  good 
behavior  and  efficient  and  competent  service.  Thereafter  they  are 
removable  for  cause  only  and  after  a  formal  hearing.  A  majority 
vote  of  the  members  of  the  board  is  necessary  to  remove  a  teacher. 

Salary. —  No  change  whatever  was  made  by  the  city  school 
law  in  the  salary  of  the  teaching  force.  Under  its  provisions  the 
salaries  of  all  teachers  and  of  all  other  members  of  the  teaching 
staff  were  to  continue  to  be  regulated  as  such  salaries  were  regu- 
lated under  previous  laws. 

The  salaries  of  all  teachers  who  are  employed  in  cities  are  now 
regulated  by  the  provisions  of  the  Teachers'  Salary  Law,  Educa- 
tion Law,  article  33-b,  as  added  by  L.  1919,  ch.  645  ;  and  amended 
L.  1920,  ch.  680;  and  L.  1921,  ch.  120.  The  provisions  of  this 
statute  are  as  follows : 

Powers  of  Board  of  Education  as  to  Salaries. —  The  board  of 
education  of  each  city  of  the  State  shall  adopt  by-laws  fixing  the 
salaries  of  the  superintendent  of  schools,  associate,  district  or 
other  superintendents,  members  of  the  board  of  examiners,  if  any, 
directors,  inspectors,  supervisors,  principals,  teachers,  lecturers, 
special  instructors,  and  of  all  other  members  of  the  supervising 
and  the  teaching  staff.  Such  by-laws  shall  establish  uniform 
schedules  of  salaries  for  all  members  of  the  supervising  and 
teaching  staff  in  each  city.  The  salaries  and  salary  increments  so 
fixed  for  principals  and  teachers  by  the  by-laws  of  the  board  of 
education  of  each  city,  on  and  after  January  first,  1920,  shall  be 
not  less  than  those  prescribed  in  the  following  sections  of  this 
article. 


CITY  SCHOOL   SYSTEMS  296a 

Salaries  in  Cities  of  the  First  Class  Having  a  Population  of 
One  Million  or  Over. —  The  schedules  adopted  by  the  board  of 
education,  in  a  city  of  one  million  inhabitants  or  more,  shall  not 
discriminate  between  the  salaries  and  salary  increments  of  mem- 
bers of  the  teaching  staff  in  such  schools  because  of  the  sex  of 
said  members,  notwithstanding  any  provision  of  the  charter  of 
such  city  inconsistent  herewith.  On  and  after  August  i,  1920, 
such  salaries  and  increments  shall  be  not  less  than  those  pre- 
scribed in  the  following  schedules : 

A.    Elementary  Schools 

Schedule  A-i.  All  teachers  of  kindergarten  to  six-b  classes: 
First  year,  not  less  than  one  thousand  and  five  hundred  dollars ; 
annual  increment,  not  less  than  one  hundred  and  twenty-five  dol- 
lars ;  number  of  annual  increments,  not  less  than  eleven. 

Schedule  A-2.  All  teachers  of  seven-a  to  nine-1)  classes:  First 
year,  not  less  than  one  thousand  nine  hundred  dollars;  annual 
increment,  not  less  than  one  hundred  and  fifty  dollars ;  number 
of  annual  increments,  not  less  than  nine. 

Schedule  A-3.  All  teachers  of  special  subjects  in  the  day  ele- 
mentary schools  and  all  teachers  teaching  classes  in  such  schools, 
for  which  a  special  license  is  required,  same  as  Schedule  A-2. 

Schedule  A-4.  Assistants  to  principal  (heads  of  departments)  : 
First  year,  not  less  than  three  thousand  four  hundred  dollars; 
annual  increment,  not  less  than  one  hundred  dollars ;  number  of 
annual  increments,  not  less  than  two. 

Schedule  A-5.  Principals  of  day  elementary  schools,  and  heads 
of  model  schools ;  principals  of  schools  for  the  deaf,  for  the 
crippled;  principals  of  continuation,  prevocational,  parental,  or 
probationary  schools;  principals  of  intermediate  (junior  high) 
schools:  First  j^ear,  three  thousand  seven  hundred  and  fifty 
dollars;  annual  increment,  two  hundred  and  fifty  dollars;  num- 
ber of  increments,  four. 

Schedule  A-6.  Teacher  clerks :  First  year,  twelve  hundred 
dollars;  annual  increment,  one  hundred  dollars;  number  of 
increments,  six. 

B.  High  Schools  and  Training  Schools 

Schedule  B-i.  Assistant  teachers,  including  teachers  of  cook- 
ing, sewing  and  physical  training,  model  teachers  and  critic 
teachers :  First  year,  one  thousand  nine  hundred  dollars ;  annual 
increment,  one  hundred  and  fifty  dollars;  number  of  annual 
increments,  twelve. 

Schedule  B-2.  First  assistants:  First  year,  three  thousand 
two  hundred  dollars;  annual  increment,  two  hundred  dollars; 
number  of  annual  increments,  five. 


296b  NEW  YORK  SCHOOL   LAW 

Schedule  B-3.  Clerical,  laboratory,  library  and  placement  and 
investigation  assistants :  First  year,  one  thousand  four  hundred 
dollars ;  annual  increment,  one  hundred  dollars.;  number  of  an- 
nual increments,  ten. 

Schedule  B-4.  Principals  of  training  and  high  schools  having 
twenty-five  or  more  classes :  First  year,  five  thousand  five  hun- 
dred dollars;  annual  increment,  two  hundred  and  fifty  dollars; 
number  of  annual  increments,  two. 

The  board  of  education  of  such  city  shall  adopt  schedules  and 
schedule  conditions  to  become  effective  on  and  after  the  first  day 
of  August,  1920,  which  schedules  and  schedule  conditions  shall 
fix  the  compensation  or  salaries  of  the  members  of  the  teaching 
and  supervising  staffs,  as  specified  and  required  in  the  foregoing 
schedules,  and  shall  also  fix  the  compensation  or  salaries  of  all 
other  members  of  the  teaching  and  supervising  staffs  and  of 
other  employees  of  the  board  of  education,  whether  on  a  per 
annum  or  on  a  non-per  annum  basis,  including,  in  addition  to 
those  falling  within  the  foregoing  schedules,  the  superintendent 
of  schools,  all  associate,  district  or  other  superintendents,  mem- 
bers of  the  board  of  examiners,  assistant  examiners,  directors, 
assistant  directors,  inspectors,  supervisors,  special  instructors, 
special  teachers,  administrative  assistants,  clerical  assistants, 
librarians,  attendance  officers,  secretaries,  auditors,  clerks, 
teacher  clerks  and  all  officers  and  employees  of  said  board  of 
education,  notwithstanding  any  provision  to  the  contrary  con- 
tained in  the  charter  of  such  city  or  in  any  act  relating  to  such 
city  or  in  any  general,  special  or  local  act.  The  schedules  and 
schedule  conditions  so  to  be  adopted,  fixing  the  salaries  of  such 
members  of  the  teaching  and  supervising  staffs  and  other  em- 
ployees as  do  not  fall  within  the  foregoing  schedules,  shall  pro- 
vide that  on  and  after  the  first  day  of  August,  1920,  the  compen- 
sation, salaries  and  salary  increments  to  be  paid  to  each  of  said 
persons  shall  be  not  less  than  the  compensation  or  salaries  fixed 
for  each  of  said  persons  by  the  schedules  and  schedule  con- 
ditions adopted  by  the  said  board  of  education  as  filed  with  the 
Commissioner  of  Education  prior  to  the  first  day  of  April,  1920, 
plus  the  following  amounts:  not  less  than  thirty  per  centum  of 
all  compensation  or  salary  of  each  of  said  persons,  as  so  fixed  in 
such  schedules  and  schedule  conditions,  if  such  compensation  or 
salary  earnable  during  any  one  year  does  not  exceed  two  thou- 
sand dollars;  not  less  than  twenty  per  centum  of  the  compensa- 
tion or  salary  of  each  of  said  persons,  as  so  fixed  in  such 
schedules  and  schedule  conditions,  if  such  compensation  or 
salary  earnable  during  any  one  year  exceeds  two  thousand  dol- 
lars, but  does  not  exceed  four  thousand  dollars ;  and  not  less  than 
ten  per  centum  of  the  compensation  or  salary  of  each  of  said 
persons,  as  so  fixed  in  such  schedules  and  schedule  conditions,  if 


CITY  SCHOOL   SYSTEMS  296c 

such  compensation  or  salary  earnable  during  any  one  year  ex- 
ceeds four  thousand  dollars.  Any  provision  in  any  schedule  or 
schedule  condition  which  postpones  the  full  operation  of  said 
schedules  beyond  the  hrst  day  of  August,  1920,  shall  be  of  no 
effect  and  any  provision  of  law  which  authorizes  such  postpone- 
ment beyond  the  first  day  of  August,  1920,  is  hereby  repealed 
and  the  compensation,  salaries,  and  salary  increments  in  the 
schedules  to  be  adopted  pursuant  to  the  provisions  of  this  act 
shall  become  fully  operative  and  shall  be  paid  on  and  after  said 
first  day  of  August,  1920,  subject,  however,  to  provisions  of  law 
relating  to  approval  of  service  as  satisfactory. 

C.   Colleges 

On  and  after  the  first  day  of  June,  1921,  the  compensation  and 
salaries  of  the  officers  of  administration  and  instruction  and 
other  employees  of  any  public  institution  of  higher  learning,  con- 
ferring degrees  and  subject  to  the  provisions  of  this  law  relative 
to  colleges,  and  in  which  the  compensation  and  salaries  of  such 
persons  are  paid  directly  or  indirectly  out  of  the  moneys  appro- 
priated by  the  board  of  estimate  and  apportionment  or  like 
financial  authority  of  such  city  of  one  million  inhabitants  or 
more,  shall  not  be  less  than  those  prescribed  in  the  following 
schedules : 

Schedule  C-i.  Fellows:  Minimum  of  five  hundred  dollars 
per  annum  and  maximum  of  one  thousand  dollars  per  annum. 

Schedule  C-2.  Tutors :  Minimum  of  one  thousand  dollars  per 
annum  and  maximum  of  two  thousand  dollars  per  annum. 

Schedule  C-3.  Clerical,  library,  laboratory  and  investigation 
assistants:  Minimum  of  one  thousand  four  hundred  dollars  per 
annum  and  maximum  of  two  thousand  four  hundred  dollars  per 
annum. 

Schedule  C-4.  Instructors  :  Minimum  of  two  thousand  dollars 
per  annum  and  maximum  of  three  thousand  five  hundred  dollars 
per  annum. 

Schedule  C-5.  Assistant  professors  and  the  secretary  to  the 
president  or  the  secretary  of  the  college:  Minimum  of  three 
thousand  dollars  per  annum  and  maximum  of  four  thousand  five 
hundred  dollars  per  annum. 

Schedule  C-6.  Associate  professors :  Minimum  of  four  thou- 
sand five  hundred  dollars  per  annum  and  maximum  of  five  thou- 
sand five  hundred  dollars  per  annum. 

Schedule  C-7.  Lecturers:  Minimum  of  two  thousand  dollars 
per  annum  and  maximum  of  five  thousand  dollars  per  annum. 

Schedule  C-8.  Curator  and  auditor:  Minimum  of  four  thou- 
sand dollars  per  annum  and  maximum  of  six  thousand  dollars 
per  annum. 


2g6d  XEW  YORK  SCHOOL   LAW 

Schedule  C-g.  Professors:  Minimum  of  live  thousand  dollars 
per  annum  and  maximum  of  eight  thousand  dollars  per  annum. 

Schedule  C-iO.  Dean  of  a  faculty;  librarian,  and  secretary  of 
a  faculty:  Minimum  of  two  hundred  dollars  per  annum  and 
maximum  of  five  hundred  dollars  per  annum  in  addition  to  the 
salaries  of  their  instructional  ranks. 

Schedule  C-ii.  The  president:  Minimum  of  ten  thousand 
dollars  per  annum  and  maximum  of  twelve  thousand  five  hun- 
dred dollars  per  annum. 

Schedule  C-12.  Services  on  an  hourly  basis  of  compensation: 
Persons  appointed  by  the  trustees  to  positions  in  the  evening  and 
summer  session  with  compensation  on  an  hourly  basis,  shall  be 
compensated  for  each  hour  of  such  service  at  a  rate  not  less  than 
one  one-thousandth  of  the  annual  salary  for  their  respective 
grades  as  established  in  accordance  wnth  the  provisions  of  the 
other  schedules  herein. 

Schedule  C-13.  Other  positions :  The  compensation,  salaries 
and  salary  increments  of  employees  of  such  institutions  of  higher 
learning,  appointed  by  the  trustees  to  positions  other  than  those 
designated  in  the  foregoing  schedules,  shall  be  not  less  than  those 
that  have  been  or  may  be  fixed  and  adopted  by  the  board  of 
education  of  such  city  pursuant  to  the  provisions  of  chapter 
680  of  the  laws  of  1920,  for  civil  service  employees  other  than 
executive  officers  performing  like  service  under  said  board  of 
education. 

The  board  of  trustees  of  each  such  institution  of  higher  learn- 
ing shall  adopt  schedules  and  schedule  conditions  to  become 
effective  not  later  than  the  first  day  of  June,  1921,  which 
schedules  and  schedule  conditions  shall  fix  the  compensation  or 
salaries  of  the  members  of  the  teaching  and  supervising  staffs 
and  other  employees  according  to  the  provisions  of  this  sub- 
division, but  they  shall  not  include  in  such  schedules  and 
schedule  conditions  any  provision  which  postpones  the  full  opera- 
tion of  such  schedules  beyond  the  first  day  of  June,  1921.  The 
said  trustees  shall  make  appointments  to  the  various  grades  and 
positions  provided  for  in  the  schedules  herein  authorized  and 
they  shall,  at  such  times  as  they  may  elect,  make  promotions 
from  grade  to  grade,  grant  salary  increments  which  they  may 
legally  establish  within  the  minimum  and  maximum  limits  of  the 
various  schedules  adopted  by  said  trustees,  and  appoint  persons 
to  temporary  or  part  time  service.  The  said  trustees  shall  make 
up  their  pay-roll  budgets  in  amounts  sufficient  to  cover  com- 
pensation for  all  persons  appointed  by  them,  at  rates  in  accord- 
ance with  the  provisions  of  this  subdivision,  and  a  reserve  sum 
upon  which  to  draw  for  the  compensation  of  minor,  temporary 
employees;  but  in  making  their  appointments  and  in  preparing 
the  salary  budgets  of  their  institutions,  they  shall  not,  without 


CITY   SCHOOL  SYSTEMS  2966 

the  consent  by  majority  vote  of  the  board  of  estimate  and  appor- 
tionment or  like  financial  authority  of  said  city,  in  any  one  year: 
(a)  include  a  total  sum  for  incumbents  under  Schedule  C-9  in 
excess  of  twenty-five  per  centum  of  the  total  salary  provision  in 
said  budget  for  all  incumbents  under  Schedules  C-i  to  C-ii,  both 
inclusive ;  (b)  incltide  in  the  salary  budget  an  item  in  excess  of 
one  thousand  dollars  to  be  used  to  pay  for  the  services  of  persons 
appointed  to  temporary,  minor  positions.  The  board  of  estimate 
and  apportionment  or  like  financial  authority  of  such  city  shall, 
in  addition  to  providing  and  making  appropriation  for  all  other 
requirements  of  such  institution  of  higher  learning,  appropriate 
annually  and  at  other  times  when  necessary  an  amount  or 
amounts  sufficient  to  pay  the  salaries  fixed  in  accordance  with 
the  provisions  of  this  subdivision,  and  shall  pay  such  salaries  to 
the  persons  employed  in  such  institutions.  The  trustees  of  said 
institution  shall  apply  all  amounts  so  appropriated  solely  for  the 
payment  of  salaries  fixed  as  herein  provided  to  persons  holding 
positions  in  such  institution.  The  provisions  of  this  subdivision 
shall  be  carried  into  full  force  and  effect  notwithstanding  any 
provision  to  the  contrary  in  the  charter  of  such  city  or  in  any  act 
relating  to  such  city  or  in  any  general,  special  or  local  act ;  and 
any  provision  of  law  which  authorizes  the  postponement  of  the 
full  operation  of  the  salary  schedules  provided  in  this  subdivision, 
beyond  the  first  day  of  June,  192 1,  is  hereby  repealed  and  the 
compensation,  salaries  and  salary  increments  in  the  schedules 
adopted  as  herein  provided  shall  become  fully  operative  on  and 
after  the  first  day  of  June,  1921,  subject,  however,  in  each  case, 
to  provisions  of  law,  if  any,  relating  to  approval  of  service  as 
satisfactory.  No  present  salary  shall  be  lowered  l)y  the  operation 
of  this  subdivision. 

Special  Provisions  as  to  Certain  High  Schools. —  In  a  city  of 
the  first  class  having  a  population  of  one  million  or  more  in- 
habitants, the  board  of  trustees,  officers,  or  bodies  having  appro- 
priate jurisdiction  shall  adopt  schedules  and  schedule  conditions 
to  become  effective  on  and  after  the  first  day  of  August,  1920, 
fixing  the  compensation  or  salaries  of  principals,  assistants, 
teachers,  instructors,  clerical  assistants  and  all  pcrons  employed 
in   the   management,   administration   or   supervision   of   a   high 


2g6i  NEW   YORK   SCHOOL    LAW 

school  or  a  model  school  in  said  city,  in  which  high  school  or 
model  school  the  compensation  or  salaries  of  said  persons  are 
paid  directly  or  indirectly  out  of  moneys  appropriated  by  the 
board  of  estimate  and  apportionment  or  like  financial  authority 
in  said  city,  and  in  which  the  minimum  curriculum  or  course  of 
study  is  established  or  is  subject  to  approval  by  the  board  of 
education  of  said  city  or  by  the  Board  of  Regents  of  the  State 
of  New  York,  and  which  is  maintained  in  every  respect  as  a 
public  high  school  or  model  school.  Such  schedules  shall  pro- 
vide for  compensation,  salaries  and  salary  increments  to  be  paid 
to  each  of  said  persons  which  shall  be  not  less  than  those  fixed 
and  adopted  by  the  board  of  education  of  said  city  pursuant  to 
the  provisions  of  this  act,  for  principals,  teachers,  instructors, 
clerical  assistants  and  employees  performing  like  services  in  the 
high  schools  and  model  schools  under  the  jurisdiction  of  said 
board  of  education.  The  board  of  estimate  and  apportionment 
or  like  financial  authority  of  such  city  shall,  in  addition  to  any 
other  appropriation  provided  for  by  law  for  such  school,  appro- 
priate annually  for  such  school  an  amount  sufficient  to  pay  the 
increases  in  salaries  provided  for  in  this  section,  and  the  money 
so  appropriated  shall  be  used  for  the  payment  of  said  increases 
in  salaries. 

Salaries  in  Cities  of  the  First  Class  Having  a  Population  of 
Less  Than  One  Million. —  In  a  city  of  the  first  class  having  a 
population  of  less  than  one  million  the  board  of  education  shall 
adopt  schedules  and  schedule  conditions  to  become  effective  on 
and  after  the  first  day  of  August,  1920,  which  schedules  and 
schedule  conditions  shall  fix  the  compensation  or  salaries  of  the 
members  of  the  supervising  and  teaching  staff  in  said  city.  The 
schedules  and  schedule  conditions  so  to  be  adopted  shall  provide 
that  on  and  after  the  first  day  of  August,  1920,  the  annual  com- 
pensation or  salary  paid  to  each  member  of  the  supervising  and 
teaching  staff  in  said  city  shall  be  not  less  than  four  hundred 
dollars  in  advance  of  the  compensation  or  salary  fixed  in  the 
schedules  adopted  by  said  board  of  education  prior  to  and  in 
effect  on  the  first  day  of  March,  1920,  as  the  same  shall  appear 
in  the  schedules  filed  in  the  office  of  the  State  Commissioner  of 
Education,  provided  that  on  and  after  said  first  day  of  August, 


CITY  SCHOOL  SYSTEMS  296g 

1920,  the  minimum  compensation  or  salary  paid  to  any  member 
of  the  supervising  and  teaching  staffs  in  the  junior  high  schools 
of  said  city  shall  be  not  less  than  one  thousand  six  hundred  dol- 
lars per  annum.  The  schedules  and  schedule  conditions  so  to  be 
adopted  shall  provide  further  that  on  and  after  said  first  day  of 
August,  1920,  the  annual  increments  in  each  and  every  schedule 
which  has  a  fixed  minimum  compensation  or  salary  and  a  maxi- 
mum compensation  or  salary,  shall  be  not  less  than  one  hundred 
dollars  nor  less  than  one-eighth  of  the  difference  between  such 
minimum  compensation  or  salary  and  that  maximum  compensa- 
tion or  salary  to  which  a  member  of  the  supervising  and  teach- 
ing staff  employed  under  such  schedule  shall  be  automatically 
carried.  Xor  shall  the  number  of  said  annual  increments  in  any 
schedule  be  less  than  eight. 

Salaries  in  Cities  of  a  Population  of  Fifty  Thousand  and  Less 
Than  One  Hundred  and  Fifty  Thousand. —  On  and  after  the  first 
day  of  August,  1920,  the  salaries  and  salary  increments  of  mem- 
bers of  the  supervising  and  teaching  staff  in  cities  of  a  population 
of  fifty  thousand  and  less  than  one  hundred  and  fifty  thousand, 
and  the  salary  and  salary  increments  and  contracts  for  compen- 
sation of  members  of  the  supervising  and  teaching  staff  of  union 
free  school  districts  located  wholly  within  the  boundaries  of  such 
cities,  shall  be  not  less  than  those  prescribed  -in  the  following 
schedules : 

A.    Elementary  Schools 

Schedule  A-i.  Teachers  of  kindergarten  and  first  to  eighth 
year  classes:  First  year,  one  thousand  one  hundred  dollars; 
number  of  annual  increments,  not  less  than  eight. 

B.  High  Schools 

Schedule  B-i.  Teachers  :  First  year,  one  thousand  three  hun- 
dred dollars;  number  of  annual  increments,  not  less  than  eight. 

Salaries  in  Cities  of  a  Population  of  Less  Than  Fifty  Thou- 
sand.—  On  and  after  the  first  day  of  August,  1920,  the  salaries 
and  salary  increments  and  the  contracts  for  compensation  of 
members  of  the  supervising  and  teaching  staff  in  cities  of  a  popu- 


2g6h  NEW   YORK  SCHOOL   LAW 

lation  of  less  than  fifty  thousand,  and  in  union  free  school  dis- 
tricts authorized  by  law  to  have  superintendents  of  schools, 
shall  be  not  less,  nor  provide  for  less,  than  those  prescribed  in 
the  following  schedules: 

A.    Elementary  Schools 

Schedule  A-i.  Teachers  of  kindergarten  and  first  to  eighth 
year  classes :  First  year,  one  thousand  dollars ;  number  of  an- 
nual increments,  not  less  than  eight. 

B.  High  Schools 

Schedule  B-i.  Teachers:  First  year,  one  thousand  one  hun- 
dred and  fifty  dollars;  number  of  annual  increments,  not  less 
than  eight. 

Salaries  in  Union  Free  School  Districts. —  On  and  after  the 
first  day  of  August,  1920,  the  salaries  and  salary  increments  and 
the  contracts  for  compensation  of  members  of  the  supervising 
and  teaching  stafif  in  union  free  school  districts  having  an 
academic  department  or  high  school  approved  by  the  Commis- 
sioner of  Education,  other  than  those  provided  for  in  the  preced- 
ing section,  shall  be  not  less,  nor  provide  for  less,  than  those  pre- 
scribed in  the  following  schedules: 

A.    Elementary  Schools 

Schedule  A-i.  Teachers  of  kindergarten  and  first  to  eighth 
year  classes:  First  year,  eight  hundred  dollars;  number  of  an- 
nual increments,  not  less  than  eight. 

B.  High  Schools 

Schedule  B-i.  Teachers:  First  year,  nine  hundred  dollars; 
number  of  annual  increments,  not  less  than  eight. 

The  board  of  education  in  each  city  of  the  State  shall  fix  the 
salaries  and  annual  salary  increments  of  all  members  of  the 
supervising  and  teaching  staffs  and  of  all  principals,  teachers, 
supervisors  or  other  employees,  whose  salaries  are  not  fixed  by 
the  provisions  of  this  act.    The  board  of  education  in  each  city 


CITY    SCHOOL   SYSTEMS  296! 

may  also,  in  its  discretion,  increase  the  minimum  salaries  and 
salary  increments  of  any  members  of  the  supervising  and  teach- 
ing staffs  or  other  employees,  whose  salaries  are  not  fixed  by  the 

provisions  of  this  act. 

Salaries  and  Increments. —  i.  A  member  of  the  supervising 
and  the  teaching  staff  in  such  schools  serving  under  a  schedule 
which  provides  for  annual  increments  shall  receive  for  any  given 
year  of  service  the  salary  and  the  increment  provided  in  said 
schedule  for  the  year  which  corresponds  to  his  year  of  service, 
unless  his  services  for  the  year  immediately  preceding  have  been 
declared  by  a  majority  vote  of  the  board  of  education  or  board  of 
superintendents  of  a  city,  to  be  unsatisfactory,  after  opportunity 
to  be  heard. 

2.  The  salary,  including  the  annual  increment,  to  which  a 
present  member  of  such  teaching  staff  shall  be  entitled  under  any 
salary  schedule  existing  on  the  date  of  the  passage  of  this  act, 
shall  not  be  reduced  by  reason  of  the  operation  of  the  schedules 
of  salaries  set  forth  in  this  article,  or  by  reason  of  any  other  pro- 
vision contained  in  this  article. 

Notwithstanding  any  other  provision  of  this  article  boards  of 
education  in  cities  located  in  a  county  having  a  population  of  over 
four  hundred  thousand  and  adjoining  a  city  having  a  population 
of  one  million  or  more  shall  fix  the  minimum  salaries  and  not  less 
than  eight  annual  increments  of  the  supervising  and  teaching 
staff  in  said  cities  and  file  the  same  with  the  Commissioner  of 
Education  as  provided  in  this  act.  The  minimum  salaries  so 
fixed  shall  not  be  less  than  those  paid  in  said  cities  at  the  time  of 
the  passage  of  this  act. 

3.  The  schedule  of  salaries  provided  for  in  this  act  shall  take 
effect  and  become  operative  as  follows : 

a.  In  all  cities  having  a  population  of  less  than  one  million,  on 
the  first  day  of  January,  1920. 

b.  In  a  city  having  a  population  of  one  million  or  more,  the 
board  of  education  shall  pay  to  each  member  of  such  supervising 
and  teaching  staff,  until  and  including  May  31,  1920,  a  salary 
which  shall  be  at  a  rate  not  less  than  that  which  said  member 
was  receiving  on  the  thirty-first  day  of  December,  1919,  and  in 


296J  NEW   YORK  SCHOOL   LAW 

addition  thereto  one-third  of  the  ditTerence  between  such  salary 
to  the  said  thirty-first  day  of  May,  1920,  and  the  amount  of  salary 
to  which  said  member  would  be  entitled  for  the  period  expiring 
on  the  said  thirty-first  day  of  May,  1920,  under  the  schedules  and 
schedule  conditions  made  in  conformity  with  the  provisions  of 
this  article.  From  and  after  June  i,  1920,  the  board  of  education 
shall  pay  to  each  member  of  such  teaching  and  supervising  stafif, 
a  salary  which  shall  be  not  less  than  that  to  which  such  member 
is  entitled  under  the  schedules  and  schedule  conditions  made  in 
conformity  with  the  provisions  of  this  article,  and  on  and  after 
such  date  the  said  schedule  and  schedule  conditions  shall  be  in 
full  force  and  efifect. 

Schedules  to  Be  Filed, —  A  copy  of  the  schedules  and  schedule 
conditions  approved  by  the  board  of  education  of  each  city  to- 
gether with  a  copy  of  such  changes  in  schedules  and  schedule 
conditions  as  are  made  in  conformity  with  this  article,  certified 
by  the  secretary  of  the  board,  shall,  within  thirty  days  after  the 
adoption  thereof,  be  filed  in  the  office  of  the  State  Commissioner 
of  Education. 

Other  Employees. —  All  other  employees  not  included  in  the 
supervisory  or  the  teaching  stafif,  such,  for  instance,  as  school 
nurses,  medical  inspectors,  clerks,  auditors,  janitors,  et  cetera, 
are  appointed  by  the  board  of  education  subject  to  the  provisions 
of  the  by-laws  of  such  board.  Under  the  provisions  of  chapter 
496  of  the  Law^s  of  1918  the  board  of  education  in  a  city  having  a 
population  of  100,000  or  more  has  power  to  establish  a  retirement 
system  for  all  civil  employees  permanently  employed  by  the 
board  other  than  superintendents  and  teachers  who  may  be 
retired  under  other  laws. 

Officers,  Teachers,  et  cetera,  Continued. —  i.  Each  person  hold- 
ing an  office  or  position  in  the  schools  of  the  city  on  June  8,  1917, 
when  the  new  city  law  went  into  efifect,  is  expressly  continued  in 
such  office  or  position.  Each  board  or  bureau  legally  established 
and  in  operation  on  the  same  date  is  also  expressly  continued.  Each 
such  person  is  continued  in  the  office  or  position  or  board  or  bureau 
for  the  period  of  time  for  which  he  was  appointed.  A  board  may, 
for  cause  and  after  a  hearing,  remove  a  person  from  the  position 
which  he  holds.     A  board  is  also  given  the  power  to  abolish  un- 


CITY    SCHOOL    SYSTEMS 


297 


necessary  positions  or  offices  and  to  consolidate  offices,  positions, 
bureaus,  boards,  etc. 

2.  When  a  board  of  education  abolishes  an  office  or  position  and 
creates  a  new  position  or  office  for  the  performance  of  duties  sinii- 
lar  to  those  performed  in  the  office  or  position  abolished,  the  per- 
son holding-  such  position  or  office  at  the  time  it  was  abolished  must 
be  appointed  to  the  new  office  or  position  without  reduction  in  salary 
or  increment.  The  person  in  such  position  at  the  time  it  was  abol- 
ished is  entitled  to  the  new  position  if  his  record  has  been  one  of 
faithful,  competent  service. 

3.  If  an  office  or  position  is  abolished,  or  if  it  is  consolidated  with 
another,  and  a  new  position  is  not  created,  the  person  filling  the 
position  at  the  time  such  position  was  abolished  or  consolidated  is 
entitled  to  have  his  name  placed  upon  a  preferred  list  of  eligible 
candidates.  Such  person  is  also  entitled  to  appointment  to  an  office 
or  position  similar  to  the  one  which  he  filled  at  the  time  his  office 
or  position  was  abolished,  without  reduction  in  salary  or  increment, 
provided  his  record  had  been  one  of  faithful,  competent  service. 
The  names  of  persons  holding  offices  which  have  been  abolished 
shall  be  placed  upon  a  preferred  eligible  list  in  the  order  in  which 
their  services  are  discontinued. 

Bonds  of  Employees. —  i.  In  certain  cities  of  the  State  the  board' 
of  estimate  and  apportionment  possessed  authority  under  previous 
laws  to  require  certain  officers  and  employees  in  the  school  system 
to  give  bonds  for  the  faithful  performance  of  their  duties  and  for 
funds  held  in  their  custody  and  for  the  financial  protection  of  the 
city.  In  certain  other  cities  not  having  a  board  of  estimate  and 
apportionment  the  body  of  officers  performing  the  duties  performed 
by  such  board  of  estimate  and  apportionment  possess  the  power 
under  former  laws  to  require  such  bonds.  In  such  cities  this  body 
or  officers  may  continue  to  require  bonds  of  such  enq^loyees. 

2.  In  all  other  cities  of  the  State  the  board  of  education  may 
require  such  of  its  employees  as  it  deems  necessary  to  give  bonds. 
The  board  may  also  determine  the  amount  of  such  bond. 

3.  The  premiums  on  the  bonds  of  all  such  employees  must  be  paid 
by  the  city. 

SITES 

Authority  to  Purchase. —  A  board  of  education,  except  in 
certain  cities,  is  authorized  to  purchase  sites  or  additions  to  exist- 


298  NEW    YORK    SCHOOL    LAW 

ing  sites  or  real  property  for  other  educational  purposes.  The 
exception  to  this  general  rule  is  in  cities  of  the  second  class  in 
which  the  common  council,  the  board  of  estimate  and  apportionment, 
the  board  of  contract  and  supply,  and  the  commissioner  of  pubHc 
works,  or  other  city  officials,  or  any  one  of  such  officials  had  the 
legal  authority  under  the  law  in  force  before  the  enactment  of  the 
new  city  school  law  to  purchase  real  property  for  educational  needs, 
in  which  case  such  officials  will  continue  to  exercise  the  same  power 
m  the  purchase  of  school  sites  and  property  for  other  school  pur- 
poses. In  no  case,  however,  may  a  school  site  or  an  addition  to  a 
school  site  be  purchased  unless  such  site  is  designated  by  a  majority 
vote  of  the  board  of  education.  Even  in  cities  in  which  one  or  more 
of  the  municipal  officers  or  boards  above  enumerated  have  the  power 
to  purchase  land  for  school  sites,  such  land  may  not  be  purchased 
by  these  officers  for  that  purpose  until  the  site  is  approved  by  the 
board  of  education. 

2.  W'hen  it  is  necessary  to  purchase  a  school  site,  an  addition  to 
a  school  site,  or  to  obtain  land  for  a  playground  or  recreation  center, 
or  to  purchase  real  property  for  any  other  purpose  authorized  un- 
der the  education  law,  a  board  of  education  is  authorized  to  take 
options  on  property  desirable  for  such  purposes.  Before  a  board 
of  education  may  take  title  to  property  for  such  purposes,  it  must 
adopt  a  resolution  stating  the  necessity  which  requires  the  pur- 
chase of  such  property  and  describing  the  property  by  metes  and 
bounds.  The  board  of  education  must  also  make  an  estimate  of 
the  funds  necessary  to  purchase  such  site.  If  money  is  available 
which  may  be  used  for  the  purchase  of  such  property,  the  trans- 
action may  be  closed,  the  property  acquired  and  paid  for.  If  funds 
are  not  available  for  the  purchase  of  such  property,  the  required 
amount  may  be  included  in  the  next  annual  budget  of  the  board 
of  education.  The  board  may  also  include  such  amount  in  a  special 
budget  if  such  special  budget  is  issued.  The  board  of  education, 
before  acquiring  title  to  real  property  for  any  of  the  purposes 
enumerated  in  this  paragraph,  must,  of  course,  act  within  the  limi- 
tations above  specified  in  those  cities  in  which  municipal  officers 
exercise  the  authority  to  purchase  real  property  for  educational 
needs  under  statutes  in  operation  previous  to  June  8,  1917. 


CITY    SCHOOL    SYSTEMS 


SCHOOL    BUILDINGS 


299 


Authority  of  Board  of  Education. —  A  board  of  education  has 
authority  to  repair,  remodel,  improve,  or  enlarge  school  buildings 
or  other  buildings  used  for  educational  purposes  and  under  the 
control  and  management  of  such  board.  A  board  of  education 
also  possesses  the  authority  to  purchase  school  buildings  and  to  con- 
struct new  buildings.  A  board  must  exercise  this  power  within  the 
limitations  expressed  in  the  law.  The  limitations  in  these  respects 
are  similar  to  the  limitations  of  the  power  of  the  board  in  acquiring 
real  property  for  sites  and  other  school  purposes.  If  the  common 
council,  the  board  of  estimate  and  apportionment,  and  the  board  of 
contract  and  supply,  and  the  commissioner  of  public  works,  or  other 
city  officials,  or  any  one  or  more  of  such  officials  in  a  city  of  the 
second  class  possess  the  authority  to  exercise  any  of  these  powers  in 
relation  to  school  buildings  under  the  statutes  in  force  previous  to 
June  8,  1917,  such  municipal  officers  have  the  right  to  continue  to 
exercise  such  powers. 

2.  A  board  of  education  is  the  authority  to  determine  the  neces- 
sity for  additional  school  buildings  or  the  repair  or  improvement  of 
existing  buildings.  When  additional  accommodations  of  this  char- 
acter are  needed,  the  board  of  education  should  adopt  a  resolution 
specifying  in  detail  the  necessity  "for  such  accommodations  and 
making  an  estimate  of  the  amount  of  funds  necessary  for  such 
purpose.  The  expense  incurred  may  be  paid  from  the  funds  avail- 
able for  such  purposes.  If  no  funds  are  available  for  such  pur- 
poses, the  amount  may  be  included  in  the  next  annual  budget.  The 
hoard  may  include  such  amount  in  the  special  budget  if  one  is  issued. 
In  a  city  in  which  any  one  or  more  of  the  muicipal  officers  or  boards 
above  enumerated  have  the  power  to  erect  school  buildings,  remodel 
them,  etc.,  no  sucli  building  may  be  erected  or  remodeled  or  en- 
larged until  the  plans  and  specifications  therefor  are  approved  by 
the  board  of  education.  Under  the  provisions  of  the  new  city 
school  law  ordinary  repairs  to  school  buildings  in  all  cities  of  the 
State  are  under  the  direction  of  the  board  of  education,  and  such 
repairs  should  be  made  by  the  board  of  education  and  not  by  munici- 
pal authorities. 

3.  In  the  city  of  Buffalo  the  board  of  education  may  in  its  dis- 
cretion adopt  a  regulation  providing  that  plans  and  specifications  for 
the  construction  of  new  buildings  shall  be  delivered  to  the  council, 


300  NEW    YORK    SCHOOL    LAW 

and  such  council  may  in  its  discretion  award  a  contract  for  the 
erection  of  such  building  under  the  same  terms  and  conditions  that 
contracts  in  that  city  are  awarded  for  the  construction  of  municipal 
buildings. 

Title  to  Property. —  When  a  board  of  education  purchases  real 
property  for  school  purposes  it  should  take  title  to  such  property  in 
the  name  of  the  city,  or  it  may  take  such  title  in  the  name  of  the 
board  of  education  of  the  city  of 

Condemnation  of  Property. —  When  a  board  of  education  or 
municipal  officers  authorized  to  acquire  property  for  school  pur- 
pose are  unable  to  agree  with  the  owners  of  such  property  on  the 
price  thereof,  such  property  may  be  taken  for  this  public  purpose  in 
various  ways.  It  may  be  taken  under  the  provisions  of  the  con- 
demnation law,  or  it  may  be  taken  as  real  property  is  taken  for 
other  public  purposes  under  the  provisions  of  the  city  charter  or 
the  provisions  of  any  special  statute  authorizing  proceedings  to 
acquire  title  by  right  of  eminent  domain.  In  those  cities  in  which 
the  common  council,  the  board  of  contract  and  supply,  or  other  city 
officers  or  body  possessed  the  legal  authority  previous  to  June  8, 
1917,  to  acquire  title  to  real  property  for  school  purposes,  such 
officers  or  body  continue  to  exercise  these  powers  under  the  present 
law. 

Sale  of  School  Property. —  When  a  school  site  or  a  school  build- 
ing or  other  real  property  used  for  educational  purposes  and  under 
the  control  and  management  of  a  board  of  education  is  no  longer 
needed  for  educational  purposes,  the  board  of  education  should 
notify  the  common  council,  and  in  a  city  having  no  common  coun- 
cil the  board  of  education  should  notify  the  council  or  the  com- 
missioner of  the  sinking  fund.  The  common  council,  the  council. 
or  the  commissioners  of  the  sinking  fund,  as  the  case  may  be,  have 
the  authority  and  it  is  their  duty  to  sell  or  dispose  of  such  properly 
in  the  same  manner  as  such  bodies  are  authorized  to  sell  or  dispose 
of  other  real  property  owned  by  the  city.  The  proceeds  of  the 
sale  of  such  real  property  should  be  credited  to  the  funds  under  the 
control  and  adnimsitration  of  the  board  of  education  unless  the 
practice  in  a  city,  under  previous  statutes,  required  other  disposi- 
tion of  such  funds.  In  certain  cities  the  law  required  the  proceeds 
of  the  sale  of  such  property  to  be  credited  to  the  sinking  fund  estab- 
lished in  such  city.  In  such  cities  the  proceeds  of  the  sale  of  such 
property  must  continue  under  present  law  to  be  paid  into  the  sink- 


CITY   SCHOOL  SYSTEMS  3OI 

ing  fund.  In  the  city  of  Buffalo  the  council  may  by  resolution 
authorize  the  use  of  the  proceeds  of  such  sale  for  other  municipal 
purposes,  and  in  a  city  having  a  board  of  estimate  and  apportion- 
ment such  board  may  also  by  resolution  authorize  the  use  of  the 
proceeds  of  the  sale  of  such  property  for  other  municipal 
purposes. 

TAX  ELECTION 

The  law  authorizes  a  tax  election  in  a  city  having  a  population 
of  less  than  75,000.  The  board  of  education  may  call  such  elec- 
tion by  giving  notice  thereof  as  notice  is  required  under  the 
provisions  of  the  Education  Law  for  an  annual  school  election. 
The  purpose  of  this  election  is  to  permit  the  qualified  voters  to 
determine  whether  or  not  an  expenditure  in  excess  of  $25,000  for 
the  construction  of  new  buildings,  for  repairing  and  remodeling 
existing  buildings,  or  for  the  purchase  of  sites,  addition  to  sites, 
or  other  real  property  for  educational  purposes  shall  be  made. 
The  provisions  of  law  governing  annual  school  elections,  ap- 
pointment of  inspectors,  notices  of  meetings,  qualifications  of 
voters,  challenges,  hours  for  keeping  polls  open,  penalties,  can- 
vass of  votes,  filing  returns,  furnishing  ballots,  etc.,  must  apply 
to  and  govern  the  tax  election  in  a  city,  except  one  in  which  the 
election  of  members  of  the  board  of  education  is  held  at  the  gen- 
eral or  municipal  election.  In  such  a  city  the  law  applying  to 
and  governing  such  general  or  municipal  elections  shall  apply  to 
and  govern  such  tax  elections. 

This  tax  election  may  be  called  even  if  there  has  not  been 
included  in  the  annual  estimate  an  item  for  this  specific  purpose. 
The  object  of  this  tax  election  is  to  give  the  people  of  the  city 
the  opportunity  to  determine  whether  or  not  such  appropriation 
shall  be  made.  If  favorable  action  is  taken  on  the  proposition 
the  amount  authorized  to  be  expended  must  be  included  in  the 
estimate  and  also  in  the  budget. 

On  the  request  of  the  board  of  education,  the  common  council 
of  the  city  of  Poughkeepsie  may  call  and  hold  a  taxpayers'  elec- 
tion to  vote  on  the  question  of  issuing  bonds  of  the  city  for  any 
of  the  purposes  specified  in  paragraph  c  of  subdivision  i  of  sec- 
tion 871  of  the  Education  Law. 

ANNUAL  ESTIMATE BUDGET BONDS,  ETC. 

I.  In  enacting  the  provisions  of  the  city  school  law  relating  to 
financing  school  systems,  preparing  budgets,  collecting  taxes,  etc., 
it  was  not  the  intention  to  change  the  existing  practice  in  any  city 
in  the  State.  It  was  the  intention  to  so  word  the  language  of  this 
law  that  in  cities  where  municipal  officers  exercise  authority  in 
determining  the  amount  of  funds  to  be  used  for  school  purposes, 
they  shall  continue  to  exercise  those  powers,  and  that  boards  of 


302  NEW    YORK    SCHOOL    LAW 

education  having  independent  power  in  raising  funds  for  school 
purposes  should  continue  to  exercise  such  powers.  The  one  excep- 
tion to  this  general  principle  was  in  the  case  of  the  city  of  New 
York.  The  law  was  intentionally  framed  to  confer  upon  the  school 
board  of  that  city  the  power  to  obtain  sufficient  funds  for  the 
general  operating  expenses  of  the  school  system  irrespective  of  the 
action  of  municipal  officers. 

2.  The  board  of  education  of  each  city  in  the  State  is  required 
to  prepare  an  annual  estimate  of  the  funds  which  such  board  deems 
necessary  for  the  maintenance  and  operation  of  the  school  system 
for  the  current  or  ensuing  year.  In  the  city  of  New  York  this 
estimate  must  be  filed  on  or  before  the  first  day  of  September.  In 
all  other  cities  of  the  State  such  estimate  must  be  filed  at  the  same 
time  and  in  the  same  manner  as  the  departments  or  officers  of  the 
city  government  are  required  to  file  their  estimate  for  city  depart- 
ments or  city  officers. 

3.  The  law  divides  the  purposes  for  which  a  budget  shall  be  pre- 
pared into  three  general  subjects.  In  the  first  is  to  be  included 
what  may  be  called  the  salary  schedule  or  personal  services ;  in  the 
second  are  to  be  included  the  funds  which  are  necessary  for  inci- 
dental and  contingent  expenses  for  the  operation  of  the  school 
system  ;  in  the  third  are  to  be  included  such  items  as  are  necessary 
for  remodeling  or  enlarging  buildings,  construction  of  new  buildings, 
purchase  of  real  property,  etc.  The  exact  language  of  the  law  is  as 
follows : 

a.  The  salary  of  the  superintendent  of  schools,  associate,  district 
or  other  superintendents,  examiners,  directors,  supervisors,  princi- 
pals, teachers,  lecturers,  special  instructors,  auditors,  medical  in- 
spectors, nurses,  attendance  officers,  clerks  and  janitors  and  the 
salary,  fees  or  compensation  of  all  other  employees  appointed  or 
employed  by  said  board  of  education. 

b.  The  other  necessary  incidental  and  contingent  expenses  includ- 
ing ordinary  repairs  to  buildings  and  the  purchase  of  fuel  and  light, 
supplies,  textbooks,  school  apparatus,  books,  furniture  and  fixtures 
and  other  articles  and  service  necessary  for  the  proper  maintenance, 
operation  and  support  of  the  schools,  libraries  and  other  educational, 
social  or  recreational  afifairs  and  interests  under  its  management  and 
direction.  The  provisions  of  this  section  in  regard  to  the  purchase 
of  light  shall  not  apply  to  a  city  having  a  population  of  one  million 
or  more. 


CITY    SCHOOL    SYSTEMS  3O3 

c.  The  remodeling  or  enlarging  of  buildings  under  its  control  and 
management,  the  construction  of  new  buildings  for  uses  authorized 
by  this  chapter  and  the  furnishing  and  equipment  thereof,  the 
purchase  of  real  property  for  new  sites,  additions  to  present  sites, 
playgrounds  or  recreation  centers  and  other  educational  or  social 
purposes,  and  to  meet  any  other  indebtedness  or  liability  incurred 
under  the  provisions  of  this  chapter  or  other  statutes,  or  any  other 
expenses  which  the  iDoard  of  education  is  authorized  to  incur. 

ACTION    ON    ESTIMATE 

1.  In  a  city  which  had,  according  to  the  State  census  of  191 5,  a 
population  of  less  than  50,000,  the  estimate  of  the  board  of  educa- 
tion must  be  filed  with  the  clerk  of  the  common  council.  The  com- 
mon council  in  such  cities,  with  the  exceptions  which  are  hereafter 
stated,  is  required  to  include  in  its  next  annual  tax  and  assessment 
roll  of  the  city  the  amount  stated  in  this  estimate  as  necessary  for 
operating  the  schools,  and  to  collect  such  amount  in  the  same  man- 
ner that  other  city  taxes  are  collected. 

2.  In  certain  cities  of  the  State  the  law  authorized  the  assessment 
and  collection  of  school  taxes  in  a  separate  assessment  roll,  separate 
and  distinct  from  the  tax  roll  for  other  municipal  purposes.*  In 
such  cities  the  board  of  education  will  continue  to  assess  and  collect 
its  taxes  for  school  purposes  as  in  former  years.  In  a  city  in  which 
the  school  district  and  the  city  boundaries  are  not  coterminous  the 
board  of  education  issues  a  separate  tax  list  and  collects  its  taxes 
for  school  purposes.  If  the  boundaries  are  later  made  identical 
the  taxes  must  then  be  raised  by  the  city  at  the  same  time  and  in 
the  same  manner  that  city  taxes  are  raised. 

3.  If  the  amount  called  for  in  the  estimate  for  the  remodeling  and 
enlarging  of  buildings,  construction  of  new  buildings,  furnishing 
and  equipment  of  buildings,  purchase  of  real  property,  etc.,  as 
enumerated  in  subdivision  C  of  section  877,  is  in  excess  of  $25,000, 
in  a  city  having  a  population  of  less  than  fifty  thousand,  either  the 
common  council  or  the  board  of  education  may  call  a  tax  election 
and  permit  the  voters  of  the  city  to  determine  whether  or  not  the 
proposition  for  the  expenditure  of  such  sum  shall  be  raised  by  one 
tax  upon  the  property  of  the  city  or  whether  it  shall  be  raised  in 
installments  and  the  funds  provided  by  the  issuance  of  bonds.  In 
a  city  of  this  kind,  where  the  board  of  education  is  appointed  or 


*  Under  chapter  484  of  the  Laws  of  1918,  the  city  of  Lockport  is  to  have 
a  school  tax  and  assessment  roll  entirely  separate  and  distinct  from  the 
annnal  city  tax  and  assessment  roll,  but  the  taxes  shall  be  collected  at  the 
same  time  and  manner  as  other  city  taxes. 


304  NEW    YORK    SCHOOL    LAW 

elected  at  a  general  or  municipal  election,  the  vote  upon  such  propo- 
tion  must  be  at  either  a  general  or  municipal  election.  In  other 
cities  of  this  class  such  vote  may  be  at  a  general  or  special  school 
election. 

4.  (a)  If  a  common  council  possessed  the  power  under  former 
statutes  in  a  city  of  the  third  class  to  determine  the  amount  of  funds 
which  shall  be  appropriated  for  the  support  and  maintenance  of  pub- 
lic schools,  such  common  council  may  continue  to  exercise  the 
same  power  over  the  estimate  submitted  to  it  for  school  purposes. 

(b)  There  is  a  provision  in  the  city  school  law  to  the  effect  that 
nothing  in  that  act  shall  be  construed  as  conferring  upon  the  com- 
mon council  of  a  city  power  or  authority  in  determining  the  amount 
of  tax  to  be  raised  for  school  purposes  which  the  statutes  in  exist- 
ence prior  thereto  did  not  confer  upon  such  common  council. 

5.  (a)  If  a  mayor  possessed  the  power  under  previous  statutes 
to  veto  items  in  a  school  estimate,  or  to  reduce  items,  or  to  take  any 
other  action  in  connection  with  the  estimate  for  school  purposes,  the 
mayor  is  to  continue  to  exercise  such  power. 

(b)  In  cases  where  the  mayor  may  reduce  or  eliminate  an  item 
in  the  estimate,  he  is  required  to  return  such  estimate  to  the  board 
of  education  and  must  state  his  reasons  for  the  action  taken.  This 
statement  must  be  filed  by  him  within  ten  days  after  receiving  the 
estimate.  The  board  of  education  may  then  reconsider  the  estimate 
and,  by  a  three-fourths  vote,  restore  the  items  either  reduced  or 
eliminated  by  the  mayor.  The  restored  items  must  then  be  included 
in  the  tax  levy  of  the  city  for  school  purposes. 

6.  (a)  The  board  of  estimate  and  apportionment  in  certain  cities 
of  the  second  class  possessed  power  under  previous  statutes  to 
determine  the  amount  of  funds  which  should  be  appropriated  for 
the  support  and  maintenance  of  schools.  These  cities  are  Albany, 
Binghamton,  Schenectady,  Syracuse,  Troy  and  Yonkers.  The 
same  authority  was  conferred  under  previous  laws  upon  the  board 
of  estimate  and  apportionment  of  the  city  of  Rochester.  This 
practice  is  continued  in  such  cities  under  the  present  law.  The 
estimate  of  the  board  of  education  in  these  cities  must,  therefore, 
be  filed  with  the  mayor.  The  mayor  must  then  place  such  estimate 
before  the  board  of  estimate  and  apportionment  at  the  same  time 
and  in  the  same  manner  that  estimates  from  the  city  departments  or 
officers  are  placed  before  such  board  of  estimate  and  apportion- 
ment.    The  estimate  then  becomes  a  part  of  the  general  estimated 


CITY    SCHOOL    SYSTEMS  "^305 

expenses  for  the  operation  of  all  city  afifairs  and  is  subject  to  the 
same  consideration,  action,  and  procedure  as  the  estimates  of  other 
departments.  The  board  of  estimate  in  such  cities  may  increase, 
diminish,  or  reject  any  item  contained  in  said  estimate  exce})t  for 
fixed  charges  for  which  the  city  is  liable.  When  the  estimate  is 
adopted  by  the  board  of  estimate  and  apportionment,  that  body 
must  file  it  with  the  common  council. 

(bj  The  question  is  naturally  raised  as  to  what  is  meant  by 
"  fixed  charges  for  which  the  city  is  liable."  Bonds  issued  for 
school  purposes  may  mature,  and  an  item  included  to  meet  the  pay- 
ment thereof  is,  therefore,  properly  in  the  estimate  of  the  board 
of  education.  This  is  a  fixed  charge  for  which  the  city  is  liable 
and  which  the  city  has  already  authorized.  The  board  of  estimate 
and  apportionment  could  not  reduce  or  eliminate  this  item.  In  some 
cities  a  salary  schedule  has  been  adopted,  and  teachers  have  in  all 
cities  permanent  tenure.  Provision  must  be  made  for  the  salary  of 
these  teachers.  In  such  cases  the  board  of  estimate  and  apportion- 
ment may  not  reduce  the  amount  included  in  the  estimate  of  the 
board  of  education  for  salaries  of  teachers.  There  are  many  other 
items  of  this  kind  which  are  liabilities  already  incurred,  either  under 
the  statute,  or  by  action  of  the  school  authorities  or  the  municipal 
authorities  pursuant  to  provisions  of  law,  and  in  such  cases  the 
board  of  estimate  and  apportionment  have  not  legal  power  to  reduce 
or  eliminate  these  items. 

7.  In  the  other  cities  of  the  second  class  not  included  in  paragraph 
6,  the  board  of  education  is  required  to  file  its  estimate  with  the 
mayor.  The  common  council  and  the  mayor  of  the  city  have  not 
authority  to  reduce  any  of  the  items  in  this  estimate.  The  amount 
of  such  estimate  must  be  included  by  the  common  council  in  the  tax 
and  assessment  roll  of  the  city ;  such  amount  must  be  collected  and 
placed  to  the  credit  of  the  board  of  education.  The  law  provides, 
however,  that  a  tax  for  new  construction  or  any  of  the  purposes 
specified  in  paragraph  c  of  subdivision  i  of  section  877  shall  be 
levied  payable  in  installments  and  that  bonds  shall  be  issued  as  pro- 
vided in  the  city  school  law. 

8.  In  the  city  of  Bufifalo  the  estimate  must  be  filed  with  the  officer 
authorized  in  that  city  to  receive  department  estimates  of  the  city. 
This  estimate  is  acted  on  by  the  city  officer  and  the  council  in  the 
same  manner  and  with  the  same  efiFect  as  city  department  estimates. 
The  common  council  has   discretionary  power   to   include  in   the 


3o6 


NEW    YORK    SCHOOL   LAW 


budget  a  sum  for  the  construction  of  new  buildings,  the  remodel- 
ing, repairing,  and  enlargement  of  existing  buildings,  addition  to 
sites,  playgrounds,  recreation  centers,  and  any  other  educational 
purpose.  The  council  must  include  the  sum  which  has  been  author- 
ized for  any  of  these  purposes  by  a  tax  election.  After  the  budget 
has  been  properly  adopted  the  council  shall  include  the  amount 
thereof  in  the  tax  and  assessment  roll  of  the  city,  and  such  amount 
nuist  be  collected  in  the  same  manner  and  at  the  same  time  as  other 
taxes  of  the  city  are  collected,  and  the  amount  collected  for  educa- 
tional purposes  must  be  placed  to  the  credit  of  the  board  of 
education. 

9.  (a)  The  estimate  for  the  city  of  New  York  must  be  filed  with 
the  board  of  estimate  and  apportionment.  The  board  of  education 
in  its  estimate  of  school  funds  may  include  an  amount  equivalent  to 
or  less  than  four  and  nine-tenths  mills  on  every  dollar  of  assessed 
valuation  of  the  real  and  personal  property  in  the  city  liable  to  tax- 
ation. The  board  of  estimate  and  apportionment  has  no  discretion 
in  considering  the  estimate  of  the  board  of  education  for  this  amount. 
An  amount  equal  to  this  tax  on  the  property  of  the  city  must  be 
included  in  the  budget  for  the  city  of  Xew  York.  The  board  of 
education,  however,  may  include  an  amount  for  school  purposes  in 
excess  of  such  rate.  On  this  amount  the  board  of  estimate  and 
apportionment  has  discretionary  power.  It  may,  or  may  not,  allow 
such  excess  amount.  It  may  allow  only  part  of  such  amount.  Any 
amount  called  for  in  the  budget  beyond  the  rate  of  four  and  nine- 
tenths  mills  is  subject  to  the  same  consideration  and  action  by  the 
board  of  estimate  and  apportionment,  the  board  of  aldermen,  and 
the  mayor,  as  that  taken  upon  the  departmental  estimates  of  the 
city.  The  board  of  estimate  and  apportionment  in  the  city  of  New 
York  is  authorized,  however,  to  make  additional  appropriations  for 
educational  purposes  beyond  the  rate  of  four  and  nine-tenths  mills 
or  in  addition  to  the  estimate  submitted  by  the  board  of  education. 

(b)  The  school  funds  of  the  city  of  New  York  are  divided  into 
two  parts  and  known  as  the  general  school  fund  and  the  special 
school  fund.  The  general  school  fund  consists  of  moneys  raised 
for  the  payment  of  the  salaries  of  persons  employed  in  the  super- 
vising and  teaching  staff,  including  the  superintendent  of  schools, 
the  associate,  district,  and  other  superintendents,  members  of  the 
board  of  examiners,  attendance  officers,  supervisor  of  lectures,  lec- 
turers, and  director  and  assistant  director  of  the  division  of  refer- 


CITY  .SCHOOL    SYSTEMS  307 

ence  and  research.  The  general  school  fund  must  be  raised  in  bulk 
and  for  the  city  at  large.  The  special  school  fund  includes  all 
moneys  not  comprised  in  the  general  school  fund  as  above  outlined. 

(c)  There  is  a  special  provision  in  the  law  which  confers  upon 
the  board  of  education  of  the  city  of  New  York  the  power  to  admin- 
ister all  moneys  appropriated  or  available  for  educational  purposes 
in  that  city.  This  power,  however,  is  subject  to  the  provisions  of 
law  relative  to  the  audit  and  payment  of  salaries  and  other  claims 
by  the  department  of  finance. 

10.  In  certain  cities  of  the  State  the  former  statutes  provided  that 
the  amount  appropriated  for  the  support  and  maintenance  of  public 
schools  of  the  city  should  not  be  less  than  a  per  capita  sum  specified 
therein.  This  sum  was  based  upon  the  number  of  pupils  enrolled  in 
the  public  schools.  In  all  such  cities  the  amount  included  in  the 
estimate  of  school  expenditures  under  the  present  law  shall  not  be 
less  than  the  per  capita  sum  specified  in  such  previous  laws. 

SPECIAL  ESTIMATE 

To  meet  emergencies  which  may  arise,  a  board  of  education  may 
submit  a  special  estimate  to  obtain  funds  to  meet  extraordinary 
expenses.  This  special  estimate  must  contain  a  full  statement  of 
the  reasons  why  such  estimate  is  submitted  and  the  necessity  there- 
for. The  same  method  of  procedure  must  be  followed  in  the  con- 
sideration and  adoption  of  such  estimate  in  the  several  cities  of  the 
State  as  is  followed  in  such  cities  in  the  consideration  and  action 
upon  the  regular  annual  estimates.  The  common  council  is  author- 
ized to  make  appropriations  requested  in  the  special  estimate  of  a 
board  of  education. 

BORROWING    FUNDS    FOR    SCHOOL    NEEDS 

1.  In  a  city  of  the  third  class  the  common  council  may  temporarily 
borrow  the  amount  appropriated  for  school  purposes  on  city  cer- 
tificates of  indebtedness  by  the  issuance  of  revenue  bonds  or  other 
municipal  lionds.  Such  certificates  or  bonds  shall  be  payable  at  such 
time  and  in  such  manner  as  are  provided  by  general  laws  or  the  city 
charter  for  other  certificates  of  indebtedness  or  revenue  bonds. 

2.  In  a  city  of  the  second  class  the  board  of  estimate  and  appor- 
tionment may  borrow  funds  under  the  same  procedure  as  in  cities 


308  NEW   YORK   SCHOOL   LAW 

of  the  third  class.     In  the  city  of  BulTalo  funds  for  such  purpose 
may  also  be  borrowed  by  the  council  of  that  city. 

CUSTODY  OF  SCHOOL  FUNDS 

1.  The  law  contemplates  that  all  moneys  intended  for  the  sup- 
port and  maintenance  of  schools  shall  be  paid  into  the  city 
treasury,  credited  to  the  board  of  education,  and  used  for  the 
purposes  for  which  they  were  raised. 

2.  The  only  authority  to  disburse  such  funds  is  the  board  of 
education.  These  funds  may  be  paid  upon  written  orders  drawn 
on  the  city  treasurer  or  other  fiscal  officer  of  the  city.  The  orders 
must  be  signed  by  the  superintendent  of  schools  and  the  secre- 
tary of  the  board  of  education  unless  other  officers  are  authorized 
to  sign  orders  by  the  board  of  education.  These  orders  must  be 
numljered  consecutively  and  they  shall  specify  the  purpose  for 
which  the  funds  are  drawn  and  the  person  or  corporation  to 
whom  such  funds  are  payable. 

3.  The  law  prohibits  the  city  treasurer  or  other  officer  having 
the  custody  of  these  funds  to  permit  their  use  for  any  purpose 
other  than  that  for  which  i"hey  are  lawfully  authorized.  These 
funds  shall  be  paid  out  on  the  audit  of  the  board  of  educatian  and 
the  counter-signature  of  the  comptroller,  and  in  a  city  having  no 
comptroller,  by  an  officer  designated  by  the  officer  or  body  hav- 
ing the  control  of  the  financial  affairs  of  such  city. 

4.  The  board  of  education  may  make  such  classification  of  its 
funds  and  accounts  as  it  may  desire  for  its  own  use.  It  must  also 
make  such  further  classification  of  the  funds  under  its  control  and 
disbursement  as  the  comptroller  of  the  city  or  the  other  officer  or 
body  having  general  control  of  the  financial  affairs  of  such  city 
shall  require.  The  board  of  education  must  also  furnish  such 
information  in  relation  to  these  funds  and  their  disbursement  as 
the  comptroller  or  financial  officer  of  the  city  requests. 

ISSUANCE  OF  BONDS 

1.  In  the  city  of  New  York  the  board  of  estimate  and  appor- 
tionment may  in  its  discretion  annually  cause  to  be  raised  such 
sums  of  money  as  may  be  needed  for  the  construction  of  new 
buildings,  the  remodeling  or  enlarging  of  existing  buildiogs,  the 
acquisition  of  new  sites,  additional  sites,  or  real  property  for 
other  educational  purposes.  This  money  must  be  raised  in  the 
manner  provided  in  the  charter  of  the  city  of  New  York  for  rais- 
ing money  for  such  purposes. 

2.  In  the  city  of  Buffalo  the  council  may,  by  vote  of  four-fifths 
of  its  members,  authorize  the  issuance  of  bonds  to  meet  the 
expense  of  the  construction,  improvement,  and  equipment  of 
school  buildings  and  the  purchase  or  acquisition  of  school  sites, 


CITY   SCHOOL   SYSTEMS  309 

the  expense  of  which  has  not  been  included  in  the  budget.  I'hese 
bonds  shall  be  issued  in  such  amounts  and  payable  at  such  times 
and  places  and  bear  such  rates  of  interest  as  the  council  may 
determine.  The  interest  shall  not  exceed  six  per  centum  per 
annum,  and  it  shall  be  paid  semi-annually.  Such  bonds  shall  not 
be  issued  for  more  than  fifty  years  from  their  date  and  shall  not 
be  sold  for  less  than  their  par  value  and  accrued  interest.  Such 
bonds  must  be  made  payable  in  equal  proportions  during  the 
number  of  years  for  which  they  are  issued.  These  bonds  must 
be  sold  by  the  authorities  of  the  city  in  the  same  manner  that 
bonds  for  other  municipal  purposes  are  issued  and  sold.  The 
proceeds  of  the  sale  of  such  bonds  must  be  paid  into  the  city 
treasury  and  credited  to  the  board  of  education.  As  these  bonds, 
mature  the  authorities  of  the  city  must  include  in  the  tax  levied 
^nd  assessed  on  the  property  of  the  city  the  amount  necessary  to 
pay  such  bonds  and  interest  thereon. 

3.  In  the  cities  of  the  second  class  and  in  the  city  of  Rochester 
the  common  council  and  the  board  of  estimate  and  apportion- 
ment has  the  power  to  determine  upon  the  necessity  of  issuing 
bonds  for  the  construction  of  new  buildings,  repairing  and  re- 
modeling of  existing  buildings,  acquisition  of  sites,  addition  to 
sites  and  real  property  for  other  educational  purposes.  The 
municipal  authorities  are  required  to  issue  such  l30nds  when 
these  bonds  have  been  authorized. 

4.  In  all  other  cities  of  the  State  when  the  common  council  or 
voters  of  the  city  authorize  an  appropriation  to  be  raised  by  a  tax 
in  installments  for  the  construction  of  new  buildings,  repairing 
and  remodeling  existing  buildings,  for  school  sites,  addition  to 
sites,  or  the  acquisition  of  real  property  for  other  educational 
purposes,  city  bonds  shall  be  issued  in  the  same  manner  and 
under  the  same  provisions  as  bonds  are  issued  by  such  city  for 
other  purposes. 

5.  In  a  city  in  which  the  boundaries  of  the  school  district  or 
districts  are  not  coterminous  with  the  city  boundaries,  and  in  the 
city  school  district  of  Jamestown,  taxes  may  be  raised  in  install- 
ments and  district  bonds  issued  for  any  of  the  purposes  enume- 
rated in  paragraph  c  of  sulxlivision  i  of  section  877  of  this 
chapter,  in  the  manner  provided  and  under  the  conditions  pre- 
scribed by  the  Education  Law  for  the  levy  and  collection  of  taxes 
in  installments  and  the  issue  and  sale  of  bonds  of  union  free 
school  districts.  All  bonds  of  the  union  free  school  district  of 
the  city  of  Jamestown,  as  so  designated  by  chapter  279  of  the 
Laws  of  1887  issued  by  the  Board  of  Education  of  such  district 
under  the  provisions  of  such  act  prior  to  June  8,  1917,  and  not 
outstanding  shall  be  the  bonds  of  the  city  school  district  of  the 
city  of  Jamestown,  and  shall  not  be  reckoned  as  a  part  of  the 
city  debt. 


310  NEW   YORK    SCHOOL  LAW 

REVIEW   QUESTIONS 

State  the  general  change  recently  made  in  the  law  regulating  city  school 
systems.  What  is  the  controlling  body  of  a  city  school  system?  Who  is 
eligible  to  hold  such  office?  How  many  members  must  a  city  board  of 
education  contain?  How  many  members  on  the  board  of  education  in  New 
York  City?  How  is  a  board  having  more  than  nine  members  reduced  to 
the  required  number?  What  is  the  requirement  for  cities  hereafter  organ- 
ized? Explain  fully  how  members  of  a  board  of  education  are  chosen  in 
different  cities.  In  what  city  may  they  be  chosen  from  a  subdivision  of  a 
city?  Why?  What  is  the  term  of  a  member  in  the  City  of  New  York?  In 
Albany?  Troy?  In  the  other  cities  of  the  State?  When  is  the  first  board 
to  be  appointed  in  New  York?  By  whom?  How  are  the  terms  of  the 
members  of  the  first  board  designated?  When  is  a  board  to  be  appointed 
in  Buffalo?  How  is  a  board  reorganized  in  a  city  having  more  than  nine 
members  and  such  members  are  appointed  by  the  mayor?  How  is  a  board 
reorganized  in  a  city  having  more  than  nine  members  when  the  members  are 
elected?  How  are  vacancies  filled  which  expire  other  than  by  expiration  of 
a  term  in  a  city  in  which  members  of  the  board  are  elected?  How  are  such 
vacancies  filled  in  a  city  in  which  the  members  are  appointed  by  the  mayor? 
When  is  the  annual  meeting  of  the  board?  How  often  must  regular  meetings 
be  held?  How  may  special  meetings  be  held?  What  is  the  general  inten- 
tion of  the  law  in  conferring  power  on  the  board  of  education?  Specify 
ten  general  powers  and  duties  of  the  board  of  education?  What  general 
power  is  given  the  board  in  relation  to  the  school  organization?  Specify 
two  limitations  to  the  power  of  the  board  in  awarding  contracts.  What  city 
has  a  local  board  school  district?  What  organization  has  that  district? 
How  is  such  organization  created?  Specify  eight  powers  and  duties  of  such 
local  board.  How  are  the  expenses  of  this  board  met?  What  special 
function  has  the  secretary  of  the  board? 

In  what  city  is  a  fixed  term  given  superintendents?  What  is  the  term  of 
office  in  other  cities?  How  may  a  superintendent  be  removed?  How  may 
one  resign?  What  qualifications  must  a  person  possess  to  be  eligible  to  the 
office  of  superintendent?  What  limitations  are  placed  upon  the  powers  and 
duties  of  the  city  superintendent?  Specify  seven  general  powers  and  duties 
conferred  by  law  upon  a  city  superintendent.  Explain  the  organization  of 
the  board  of  superintendents  in  New  York  City.  Specify  nine  powers  and 
duties  conferred  by  law  upon  a  board  of  superintendents.  Compare  the 
functions  of  such  board  with  the  functions  of  a  city  superintendent.  What 
additional  powers  must  such  board  exercise?  What  other  superintendents 
may  be  provided  for  a  city  school  system?  How?  What  probationary  term 
must  such  superintendent  serve?  How  may  such  superintendent  be  removed? 
What  is  the  tenure  of  office  of  such  superintendent?  What  city  must  have 
a  board  of  examiners?  How  many  members  on  such  board?  How  are 
such  members  appointed?  What  restriction  is  placed  upon  such  board? 
What  probationary  term  must  they  serve?  What  is  their  tenure  thereafter? 
Specify  five  powers  and  duties  of  such  board.  Who  are  included  under  the 
term  "Teaching  Staff?"  How  are  members  of  such  staff  appointed?  What 
is  the  requirement  in  New  York  City?  In  Buffalo?  How  is  an  eligible  list 
established?  May  such  list  be  merged?  For  what  period  of  time  is  such 
list  valid?  Who  is  entitled  to  be  placed  upon  such  list?  What  certificate 
or  license  must  each  hold?  Who  prescribes  the  minimum  requirements? 
By    what    methods    are    additional    qualifications    prescribed?      What   is   the 


REVIEW    QUESTIONS  3 II 

probationary  term  of  employment?  By  whom  fixed?  How  may  a  member 
of  such  staff  be  dismissed  during  probation  period?  Thereafter?  By  what 
method  does  a  member  of  such  staff  receive  permanent  appointment?  How 
is  the  salary  regulated?  What  other  employees  may  the  system  contain? 
What  is  the  requirement  as  to  a  person  holding  a  position  on  June  2,  1917? 
How  may  such  person  be  removed?  What  is  the  requirement  when  a  person 
is  removed?  What  eligible  list  is  created?  When  is  a  person  entitled  to  be 
placed  upon  such  list?  What  emploj-ees  are  required  to  give  bonds?  When 
are  such  bonds  prescribed  by  the  municipal  authorities?  When  by  school 
authorities? 

Who  has  authority  to  purchase  sites?  What  limitation  is  there  to  this 
authorit}?  What  is  the  procedure  when  a  site  is  necessary?  How  may 
funds  be  obtained  for  the  purchase  of  the  same?  Who  has  the  sole  authority 
to  designate  sites  for  school  buildings  in  a  cit}-?  What  authority  has  the 
board  of  education  over  the  construction,  repair  and  remodeling  of  school 
buildings  or  other  buildings  under  their  control?  What  exception  is  there 
to  this  general  power?  Explain  fully  who  determines  the  need  of  new 
school  buildings?  Repairs  to  buildings?  What  is  the  procedure?  How  are 
funds  obtained?  Who  possesses  the  authority  to  make  ordinary  school 
repairs?  By  whom  must  all  plans  and  specifications  for  the  repair,  improve- 
ment or  construction  of  school  buildings  be  approved?  What  discretionary 
power  has  the  board  of  education  in  the  City  of  Buffalo  on  the  construction 
of  school  buildings?  Who  takes  title  to  property  for  school  purposes?  By 
whom  may  property  be  condemned  for  school  purposes?  Explain  the 
different  processes?  Who  has  authority  to  sell  school  property?  Explain 
the  process  in  different  cities?  Who  may  call  a  tax  election?  When?  For 
what  purpose?     How?    What  law  controls  the  election? 

What  was  the  general  intent  in  arranging  the  financial  control  of  city 
school  systems?  Who  prepares  the  estimate?  When?  With  whom  must  it 
be  filed  in  New  York  City?  In  other  cities?  Xame  the  three  general 
outlines  under  which  the  estimate  is  classified?  What  may  be  included  in 
the  a  class?  In  the  b  class?  In  the  c  class?  What  action  is  taken  on  such 
estimate  in  cities  having  a  population  of  50,000  or  less?  In  what  cities  may 
a  separate  independent  tax  list  be  issued?  What  special  action  may  be 
taken  on  an  estimate  in  excess  of  $25,000?  What  power  has  a  common 
council  over  such  estimate?  Is  it  the  intention  of  the  law  to  give  such  body 
increased  powers?  What  power  has  the  mayor  in  certain  cities?  How 
must  the  mayor  proceed  to  exercise  such  power?  What  body  has  power 
over  the  appropriations  in  certain  cities  of  the  second  class?  Name  these 
cities?  Explain  the  procedure  in  such  cases?  What  is  meant  by  "fixed 
charges  for  which  the  city  is  liable?"  Give  illustrations.  What  action  is 
taken  in  other  cities  of  the  second  class  on  such  estimates?  Explain  the 
procedure  in  the  City  of  Buffalo.  Explain  the  requirement  in  the  City  of 
New  York?  What  divisions  are  made  of  the  New  York  City  school  funds? 
Define  each.  What  is  the  requirement  as  to  a  per  capita  fund  in  certain 
cities?  When  may  a  special  estimate  be  submitted?  How?  How  may 
cities  of  the  third  class  borrow  funds  for  school  needs?  A  city  of  the 
second  class?     Who  is  the  custodian  of  city  school  funds?     By  whose  order 


312  NEW    YORK    SCHOOL    LAW 

may  such  funds  be  disbursed?  What  is  the  procedure?  What  is  the  limita- 
tion as  to  the  use  of  such  funds?  What  classification  must  a  board  of 
education  make  of  its  funds?  How  may  additional  funds  be  raised  in  New 
York  City  for  the  construction  of  buildines.  etc.?  How  may  bonds  be  issued 
in  Buffalo?  How  may  bonds  be  issued  in  cities  of  the  second  class?  In  the 
third  class? 


CHAPTER  XXXII 

CITY   SCHOOL   ELECTIONS 

[Article  7-a,  Chapter  791,  Laws  of  1917] 

To  What  Cities  Applicable. —  In  those  cities  of  the  State  in 
which  members  of  the  board  of  education  are  elected  by  the  cjuali- 
fied  voters  at  a  special  election  such  election  must  be  held  as  pro- 
vided in  this  chapter.  Cities  which  elect  the  members  of  their 
board  of  education  at  either  the  general  election  or  a  municipal  elec- 
tion do  not  hold  their  elections  in  accordance  with  these  provisions. 
Those  cities  in  which  the  school  district  extends  beyond  the -bounda- 
ries of  the  city  and  who  hold  their  election  at  the  time  of  the  annual 
school  election  in  union  free  school  districts  in  the  month  of  August 
are  not  required  to  hold  their  elections  in  accordance  with  these 
provisions. 

Date  of  Annual  Election. —  The  annual  election  in  all  cities  to 
which  the  provisions  of  this  chapter  apply  shall  be  held  on  the  first 
Tuesday  in  Alay  in  each  year. 

Polls  Open. —  The  law  requires  that  the  polls  of  such  election 
shall  be  open  from  12  o'clock  noon  until  8  o'clock  in  the  evening. 

Election  Districts. —  On  or  before  the  first  day  of  April,  1918, 
the  board  of  education  of  each  city  to  which  this  law  appHes  is 
required  to  adopt  a  resolution  dividing  the  city  into  school  election 
districts.  Each  school  election  district  shall  contain  not  more  than 
1,000  qualified  voters.  Such  districts  shall  be  so  arranged,  if  pos- 
sible, that  there  shall  be  a  schoolhouse  in  each  of  such  school 
election  districts.  The  resolution  designating  these  districts  should 
accurately  describe  the  boundaries  of  such  districts  by  streets,  alleys 
and  highways.  When  possible  to  do  so  the  boundaries  of  a  school 
election  district  should  include  one  or  more  of  the  regular  election 
districts  of  the  city.  The  districts  thus  formed  shall  continue  in 
existence  until  modified  1)y  resnhition  of  the  board  of  education. 

Where  Election  Shall  Be  Held. —  All  school  elections,  so  far  as 
possible,  shall  be  held  in  a  ]mblic  schoolliouse.  If  there  is  a  school 
election  district  in  which  there  is  no  sclK)olhouse  the  board  of  edu- 

313 


314  NEW    YORK    SCHOOL    LAW 

cation  shall  by  resolution  designate  some  other  building  where 
the  election  in  such  district  shall  be  held. 

Notice  of  Election. —  The  board  of  education  must  give  notice 
of  the  annual  school  election.  This  notice  may  be  given  by 
publishing  the  same  at  least  once  each  week  for  four  weeks 
preceding  each  election  in  at  least  two  newspapers  published 
in  the  city.  The  notice  must  state  the  day  of  the  election  and 
the  hours  during  which  the  polls  will  be  open.  This  notice 
should  also  accurately  describe  the  boundaries  of  the  school  elec- 
tion districts  into  which  the  city  is  divided.  It  should  also  name 
the  school  house,  or  other  place  in  the  city,  where  these  elections 
will  be  held.  The  notice  should  state  at  what  place  the  poll  lists 
prepared  by  the  clerk  of  the  board  of  education  are  on  file  and 
that  the  same  may  be  examined  at  the  oflfice  of  the  clerk  of  the 
board  or  the  superintendent  of  the  city. 

Qualifications  of  Voters. —  A  person  shall  be  entitled  to  vote 
at  a  school  election  in  such  city  who  is : 

1.  A  citizen  of  the  United  States. 

2.  Twenty-one  years  of  age. 

3.  A  resident  within  the  election  district  for  a  period  of  thirty 
days  next  preceding  the  election  at  which  he  offers  to  vote  ;  and 
who  in  addition  thereto  possesses  one  of  the  following  four  quali- 
fications : 

(a)  Owns  or  hires  real  property  in  such  district  or  is  in  the 
possession  of  such  property  under  a  contract  of  purchase,  as- 
sessed upon  the  last  preceding  assessment-roll  of  the  city,  or 

(b)  Is  the  parent  of  a  child  of  school  age,  provided  such  child 
shall  have  attended  the  public  schools  in  the  city  in  which  the 
election  is  held  for  a  period  of  at  least  eight  weeks  during  the 
year  preceding  such  election,  or 

(c)  Not  being  the  parent,  has  permanently  residing  with  him  a 
child  of  school  age  who  shall  have  attended  such  public  schools 
for  a  period  of  at  least  eight  weeks  during  the  year  preceding 
such  election,  or 

(d)  Owns  personal  property,  assessed  on  the  last  preceding 
assessment-roll  of  the  city,  exceeding  fifty  dollars  in  value,  exclu- 
sive of  such  as  is  exempt  from  execution. 

No  person  shall  be  deemed  to  be  ineligible  to  vote  at  any  such 
election,  by  reason  of  sex,  who  has  the  other  qualifications  re- 
quired by  this  section. 

In  any  school  district  whose  boundaries  are  coterminous  with 
the  boundaries  of  the  city,  any  person  shall  be  permitted  to  vote 
at  any  such  election  in  the  school  election  district  within  which 
he  resides  on  the  date  of  the  election,  provided  he  shall  have  been 
a  resident  of  the  city  school  district  for  the  period  of  thirty  days 
next  preceding  the  date  of  the  election,  and  provided  he  shall 
possess  the  other  qualifications  which  entitle  him  to  vote  at  a 
school  election. 

Poll  List  in  Cities  of  Over  50,000. —  The  clerk  of  the  board  of 


CITY  SCHOOL  ELECTIONS  315 

education  is  required  to  prepare  a  poll  list  for  each  school  elec- 
tion district  in  a  city  having  a  population  of  over  fifty  thousand  on 
or  before  the  first  day  of  April  in  each  year.  This  list  shall  con- 
tain the  names  of  all  persons  residing  in  such  district  who  are 
qualified  to  vote  for  the  office  of  meml)ers  of  the  board  of  educa- 
tion at  the  ensuing  election.  The  names  on  this  list  must  be 
arranged  alphabetically  by  their  surnames  and  their  place  of 
residence  by  street  or  number  of  each  person  must  also  be  given. 
If  the  residence  may  not  be  given  so  specifically,  there  must  be 
some  description  accurately  locating  the  place  of  residence  of 
each  person. 

In  each  city  of  the  State  having  a  population  of  fifty  thousand 
or  less  by  the  last  preceding  census  any  person  possessing  quali- 
fications which  entitle  him  or  her  to  vote  at  a  school  election  may 
vote  at  any  such  election  held  within  his  school  election  district 
without  any  previous  registration  or  poll  listing. 

Poll  List  Filed. —  This  poll  list  must  be  filed  in  the  office  of  the 
clerk  of  the  board  of  education,  or  some  other  accessible  place 
designated  by  the  board  of  education.  Arrangements  must  be 
made  so  that  such  list  may  be  examined  by  any  person  interested 
therein  during  the  office  hours  of  the  clerk  of  the  board  for  thirty 
days  preceding  the  annual  school  election.  It  must  also  be  open 
to  examination  from  four  to  eight  o'clock  in  the  evening  of  each 
Friday  and  Saturday  of  the  four  weeks  immediately  preceding 
the  election.  The  clerk  of  the  board,  or  some  person  designated 
by  the  board,  shall  be  present  at  the  office  of  the  clerk  at  such 
hours  and  shall  permit  such  list  to  be  examined  by  the  puljlic. 

Additional  Names  Placed  Upon  List. —  If  a  person  whose  name 
is  not  upon  the  list  appears  before  the  clerk  of  the  board  of  educa- 
tion and  files  a  written  statement  with  such  clerk,  giving  in  such 
statement  his  name,  residence,  occupation,  the  school  election 
district  in  which  he  resides,  and  specifies  the  qualifications  which 
entitle  him  to  vote,  such  clerk  must  place  his  name  upon  the 
poll  list. 

Transfer  of  Name  to  Poll  List  of  Another  District. —  If  the 
name  of  a  qualilied  voter  appears  upon  the  poll  list  of  a  school 
election  district  and  such  voter  is  a  resident  of  another  school 
election  district,  such  voter  should  make  a  written  statement 
setting  forth  such  facts,  showing  his  correct  residence  and  his 
name.  Thereupon  the  clerk  should  strike  his  name  from  such 
poll  list  and  place  it  upon  the  proper  jk)!!  list. 

Revision  of  List  —  Challenges  to  be  Received. —  The  clerk  of 
the  board  of  education,  or  other  person  designated  by  the  board, 
must  on  the  Monday  preceding  the  annual  election  correct  and  re- 
vise each  of  the  duplicate  poll  lists  for  the  several  election  districts 
of  the  city  by  striking  therefrom  and  inserting  in  their  proper 
places  the  names  of  persons  who  have  filed  the  statement  above 
required.  Such  clerk  shallalso  receive  challenges,  which  mav  be 
made  in  writing,  by  any  qualified  voter  against  the  right  of  any 


2l6  NEW   YORK    SCHOOL    LAW 

person  on  such  poll  list  to  vote  at  the  election.  Such  clerk  shall  also 
indicate  on  such  poll  lists  the  persons  whose  qualifications  as  voters 
have  been  challenged. 

Filing  Corrected  List. —  The  revised  and  corrected  poll  list 
must  be  filed  in  the  office  of  the  clerk  of  the  board  of  education. 
Such  board  shall  cause  a  copy  of  the  list  of  each  election  district 
to  be  delivered  on  the  day  of  the  election,  before  the  opening  of 
the  polls  therein,  to  the  inspectors  of  each  district  at  the  place  where 
the  election  in  such  district  is  to  be  held. 

Blanks,  etc. —  It  is  the  duty  of  the  board  of  education  to  furnish 
all  necessary  blanks  to  enable  voters  to  prepare  any  of  the  statements 
required  in  connection  with  their  right  to  vote,  the  district  in  which 
they  reside,  and  on  which  written  challenges  may  be  made. 

Appointment  of  Inspectors. —  At  least  ten  days  prior  to  each 
school  election  the  board  of  education  shall  designate  three  qualified 
voters  of  each  school  election  district  to  act  as  inspectors  of  election. 
The  clerk  of  the  board  of  education  is  required  to  give  a  written 
notice  of  appointment  to  the  persons  so  designated.  If  a  person 
appointed  an  inspector  refuses  to  accept  such  appointment,  or  fails 
to  serve,  the  board  may  appoint  a  qualified  voter  of  the  school 
election  district  to  fill  the  vacancy. 

Additional  Inspectors. —  When  the  board  of  education  believes 
that  existing  circumstances  require  the  services  of  additional  in- 
spectors such  board  may  appoint  not  to  exceed  two  additional 
inspectors  of  election  for  each  election  district. 

Organization  of  Inspectors.—  liefore  opening  the  polls  in  a 
school  election  dsitrict  the  inspectors  must  organize  by  electing  one 
of  their  number  as  chairman  and  one  as  poll  clerk. 

Compensation. —  Each  inspector  is  entitled  to  receive  for  his 
services  a  compensation  of  $3,  to  be  paid  out  of  the  school  funds 
in  the  same  manner  as  other  claims  against  the  school  board  are 
audited  and  paid. 

Nomination  of  Candidates. —  Candidates  for  members  of  boards 
of  education  in  cities  shall  be  nominated  by  petition  directed  to 
the  board  of  education.  Such  petition  must  be  signed  by  at  least 
thirty  persons  qualified  to  vote  at  school  elections  in  the  city. 
The  petition  must  also  contain  the  names  and  residences  of  the 
candidates  to  be  voted  upon  at  the  election,  and  such  petition  must 
state  whether  such  candidates  are  nominated  for  full  terms  or  for 
unexpired  portions  of  terms.     These  petitions  must  be  filed  with 


CITY    SCHOOL    ELECTIONS  317 

the  clerk  of  the  board  of  education  at  least  ten  days  before  the  day 
of  the  annual  election. 

Ballots. —  Printed  official  ballots  containing  the  names  of  candi- 
dates nominated  shall  be  provided  by  the  board  of  education. 
These  ballots  shall  show  whether  the  candidates  are  nominated  for 
full  terms  or  for  unexpired  terms.  The  names  of  candidates  must 
be  arranged  alphabetically  according  to  their  surnames.  Blank 
spaces  must  be  provided  so  that  voters  may  vote  for  candidates 
who  have  not  been  nominated.  The  form  of  the  ballot  must  con- 
form substantially  to  the  form  of  ballot  used  at  general  elections. 
The  expense  of  the  preparation  of  such  ballots  must  be  met  by  the 
board  of  education.  Instructions  as  to  the  marking  of  the  ballots 
and  the  number  of  candidates  for  which  a  vote  is  permitted  must 
be  printed  on  the  ballots.  These  ballots  must  be  delivered  to  the 
inspectors  in  each  election  district  on  the  day  of  the  annual  election. 
The  number  of  ballots  printed  must  equal  at  least  the  number  of 
qualified  voters  in  the  district. 

Failure  to  Use  Official  Ballot. —  If  official  ballots  are  not  fur- 
nished as  required  In  the  foregoing  paragraph  and  the  election  is 
otherwise  held,  such  election  need  not  be  declared  invalid  or  illegal 
because  the  ballots  used  did  not  conform  to  the  above  requirements  ; 
provided,  however,  the  intent  of  the  voter  may  be  ascertained  from 
the  use  of  the  irregular  or  defective  ballots  and  such  use  was  not 
fraudulent  and  did  not  substantially  afl:ect  the  result  of  the  election. 

Use  of  Voting  Machines. —  In  a  city  in  which  voting  machines 
are  used  at  general  or  municipal  elections  it  shall  be  legal  for  the 
board  of  education  of  such  city  to  authorize  the  use  of  such  machines 
at  the  school  election.  When  machines  are  thus  used  the  law  regu- 
lating the  use  of  machines  at  a  general  or  municipal  election  shall 
apply  to  and  govern  the  use  of  such  machines  at  the  school  election. 

Conduct  of  Election. —  School  elections  must  be  conducted  so 
far  as  may  be  possible  in  accordance  with  the  provisions  of  the  law 
governing  general  elections.  It  is  the  duty  of  the  board  of  educa- 
tion to  provide  ballot  boxes  for  each  school  election  district.  Two 
boxes  should  be  provided  —  one  to  contain  the  ballots  voted,  and 
the  other  to  contain  the  rejected  or  defective  ballots.  The  board  of 
education  should  also  provide  booths,  and  voters  should  be  required 
to  enter  such  booths  for  the  purpose  of  marking  their  ballots.  The 
ballots  presented  to  the  inspector  must  be  folded  so  as  to  conceal 
the  names  of  the  candidates  voted  for.     All  persons  entitled  to  vote, 


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NEW    YORK    SCHOOL    LAW 


who  are  in  the  place  where  the  election  is  held,  shall  be  required 
to  cast  their  ballots  before  the  polls  are  closed.  Inspectors  must 
keep  the  poll  list  containing  the  name  and  address  of  each  qualified 
voter  voting  either  for  candidates  or  upon  other  propositions  before 
the  election  for  consideration. 

Challenge  of  Voters. —  All  persons  named  upon  the  poll  list  as 
having  been  challenged  prior  to  the  day  of  election  must  also  be 
challenged  at  the  election  before  they  are  given  ballots  to  vote.  A 
qualified  voter  of  the  school  election  district  may  challenge  the 
right  of  a  person  to  vote  at  the  time  he  requests  a  ballot.  Any  per- 
son thus  challenged  must  be  afiforded  the  opportunity  to  make  the 
oath  prescribed  in  section  216  of  the  Education  Law.  If  a  person 
challenged  so  swears  or  affirms,  his  vote  must  be  received.  If  he 
refuses  to  so  swear  or  affirm  he  shall  not  be  given  a  ballot  or  per- 
mitted to  vote. 

Penalty  for  Falsely  Swearing  or  Illegally  Voting. —  i.  A  per- 
son who  wilfully  swears  or  affirms  falsely  as  to  his  right  to  vote  at 
a  school  election  after  being  challenged,  is  guilty  of  perjury  and  may 
be  punished  in  accordance  with  the  provisions  of  the  penal  law  for 
the  commission  of  such  crime. 

2.  A  person  who  is  not  qualified  to  vote  at  a  school  election,  but 
who  shall  vote  at  such  election,  although  not  challenged,  is  guilty 
of  a  misdemeanor,  punishable  by  a  fine  of  not  less  than  $25  or  by 
imprisonment  of  not  less  than  thirty  days,  or  by  both  such  fine  and 
imprisonment. 

Canvass  of  Votes. —  i.  As  soon  as  the  polls  of  the  election  close 
the  inspectors  must  count  the  ballots  which  are  in  the  box.  without 
unfolding  them.  The  number  of  ballots  found  in  the  ballot  box 
must  be  compared  with  the  number  of  persons  recorded  on  the  poll 
list  as  having  voted.  If  the  number  of  ballots  exceed  the  number  of 
names  on  the  poll  list  such  ballots  must  be  replaced,  without  being 
unfolded,  in  the  ballot  box  from  which  they  were  taken.  Such 
ballots  must  then  be  thoroughly  mingled  in  such  box  and  one  of 
the  inspectors  designated  by  the  board  shall  then  publicly  draw  out 
a  sufficient  number  of  ballots  so  as  to  make  the  number  of  ballots 
left  in  the  box  equal  to  the  number  of  names  on  the  poll  list.  The 
ballots  which  are  drawn  out  shall  not  be  unfolded,  but  shall  be 
placed  in  an  envelope,  which  shall  be  sealed,  and  indorsed  with  a 
statement  of  the  number  of  such  excess  ballots  and  signed  by  the 


CITY    SCHOOL    ELECTIONS 


319 


inspector  who  withdrew  such  ballots.     This  envelope  must  then  be 
placed  in  the  box  for  defective  ballots. 

2.  The  inspectors  shall  then  count  the  votes  cast  for  each  candi- 
date and  shall  keep  a  tally  list  of  the  same.  Such  inspectors  shall 
also  make  a  statement  showing  the  names  of  the  candidates  receiving 
votes  and  the  number  of  votes  cast  for  such  candidates.  They  shall 
also  make  a  statement  containing  the  number  and  a  description  of 
the  ballots  which  are  declared  void  and  also  the  number  of  wholly 
blank  ballots  which  are  cast.  These  statements  must  be  signed  by 
the  inspectors.  The  ballots  which  are  declared  void  and  not  counted 
shall  be  enclosed  in  an  envelope  which  shall  be  sealed  and  indorsed 
and  signed  by  the  inspectors.  This  envelope  must  be  placed  in  the 
ballot  box  containing  defective  ballots. 

3.  After  the  inspectors  have  thus  counted  the  ballots  and  pre- 
pared their  statements  the  ballots  shall  be  replaced  in  the  ballot 
box.  Each  box  shall  then  be  securely  locked,  sealed^  and  deposited 
by  an  inspector  chosen  for  that  purpose  with  the  clerk  of  the 
board  of  education.  The  unused  ballots  shall  be  placed  in  a  sealed 
package  and  returned  by  an  inspector  designated  for  that  purpose 
to  the  clerk  of  the  board  of  education  at  the  same  time  that  the 
ballot  boxes  are  delivered  to  him.  The  statement  of  the  canvass  of 
the  votes  shall  also  be  filed  with  the  clerk  of  the  board  of  education 
on  the  day  following  the  annual  election. 

Canvass  by  Board  of  Education. —  The  board  of  education  is 
required  to  meet  at  its  usual  place  at  8  o'clock  on  the  evening  of 
the  day  following  an  election.  Such  board  should  forthwith  exam- 
ine and  tabulate  the  statement  of  the  results  of  the  elections  in  the 
several  election  districts.  The  board  should  also  canvass  the  returns 
as  contained  in  such  statements  and  determine  the  number  of  votes 
cast  for  each  candidate.  Thereupon  the  board  shall  declare  the 
result  of  the  canvass.  The  candidates  receiving  a  plurality  of  the 
votes  cast  respectively  for  the  several  offices  shall  be  declared  elected. 
The  clerk  of  the  board  of  education  shall  record  tlie  result  of  the 
election  as  announced  by  the  board. 

Notice  to  Candidates  of  Election. —  The  clerk  of  the  board  of 
education  shall  within  twenty-four  hours  after  the  result  of  the  elec- 
tion has  been  declared  by  the  board  of  education  serve  written 
notice,  either  personally  or  through  the  mail,  upon  each  person 
declared  to  be  elected  a  member  of  the  board  of  education. 
21 


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NEW    YORK    SCHOOL    LAW 


REVIEW  QUESTIONS 


To  what  cities  of  the  State  does  the  city  school  election  law  apply?  To 
what  cities  does  it  not  apply?  What  is  the  date  of  the  annual  city  school 
election?  During  what  hours  must  the  polls  be  open?  Into  what  districts 
must  a  city  be  divided?  When?  How  many?  How  must  such  districts  be 
arranged?  How  must  such  districts  be  defined?  How  may  they  be  modified? 
Where  must  school  elections  be  held?  Who  must  give  notice  of  annual 
election?  How?  What  information  must  it  contain?  What  qualifications 
must  a  person  possess  to  be  entitled  to  vote  at  such  election?  Who  prepares 
a  poll  list?  When?  What  must  such  list  contain?  How  must  the  names 
be  arranged?  Where  must  it  be  filed?  When?  Who  may  examine  it? 
When?  What  arrangements  must  be  made  therefor?  In  what  way  may 
the  name  of  a  person  omitted  from  such  list  be  placed  on  it?  How  may  a. 
name  be  transferred  from  the  list  of  one  district  to  that  of  another?  Who 
revises  the  list?  How?  How  may  challenges  be  made  previous  to  the  day 
of  election? 

What  must  be  done  with  the  corrected  list?  When,  where  and  bj'  whom 
are  such  lists  given  to  inspectors?  When  and  by  whom  are  inspectors  of 
election  appointed?  How  many?  By  whom  are  they  notified?  How  are 
vacancies  filled?  Under  what  conditions  may  additional  inspectors  be  ap- 
pointed? How  do  they  organize?  What  compensation  do  they  receive? 
Explain  fully  how  a  candidate  may  be  nominated  for  office.  Describe  fully 
how  ballots  must  be  prepared.  To  whom  are  they  delivered?  When?  By 
whom?    How  many  must  be  printed? 

What  effect  will  the  failure  to  use  official  ballots  have  upon  an  election? 
When  may  voting  machines  be  used?  How  must  the  election  be  generally 
conducted?  What  ballot  boxes  must  be  furnished?  By  whom?  Must  booths 
be  provided?  How  must  a  ballot  be  folded?  Who  are  entitled  to  vote  after 
the  hour  set  for  closing  the  election?  Who  may  challenge  the  right  of  a 
person  to  vote?  Is  a  written  challenge  deposited  with  the  clerk  of  a  board 
of  education  sufficient?  May  a  person  vote  whose  name  is  not  on  the  poll- 
list?  How?  What  must  a  challenged  person  do  in  order  to  vote?  What 
penalty  may  be  imposed  upon  a  person  who  falsely  swears  in  his  vote?  What 
penalty  may  be  imposed  upon  a  person  who  is  not  legally  qualified  to  vote 
but  who  votes  and  does  not  swear  in  his  vote? 

Who  canvasses  the  votes?  Describe  the  method  fully.  What  statements 
must  inspectors  make?  What  must  be  done  with  these  statements,  tally 
sheets,  etc.?  Explain  fully  what  must  be  done  with  the  ballots  after  the 
canvass  is  completed  by  the  inspectors. 

What  canvass  must  the  board  of  education  make?  When?  What  declara- 
tion should  it  make?  What  record  must  be  made?  Who  notifies  the  persons 
elected  at  such  election?    How? 


CHAPTER   XXXIII 

APPEALS   TO   THE    COMMISSIONER    OF    EDUCATION 

[Article  34] 

Who  May  Appeal. —  Any  person  considering'  himself  aggrieved 
under  the  provisions  of  this  title  of  the  Education  Law  may  bring 
an  appeal  to  the  Commissioner  of  Education  for  judicial  determina- 
tion. 

Action  Appealable. —  Any  action  of  a  school  district  meeting, 
of  a  board  of  education,  of  a  supervisor  in  relation  to  school  moneys, 
of  a  district  superintendent  or  other  officer  relating  to  the  estab- 
lishment, dissolution,  consolidation,  or  modification  of  school  dis- 
tricts, or  an  apportionment  of  school  moneys,  or  the  action  of  any 
of  the  foregoing  concerning  any  other  matter  under  the  education 
law,  or  pertaining  in  any  way  to  the  school  system,  may  be  reviewed 
by  the  Commissioner  of  Education  on  appeal  to  him  in  due  form. 

Judicial  Authority. —  The  Commissioner  of  Education  is  an 
executive  officer,  and  is  also  charged  with  the  performance  of  duties 
which  are  judicial  in  character.  The  administration  of  the  school 
system  through  local  officers  and  the  action  of  district  or  town 
school  meetings  give  rise  to  numerous  questions  which  must  be 
settled  by  some  judicial  authority.  It  is  important  that  these  numer- 
ous questions  shall  be  settled  at  an  early  date  and  with  the  least 
expense  possible.  To  meet  this  situation,  the  State  Legislature  has 
conferred  upon  the  Commissioner  of  Education  the  power  to  hear 
and  determine  questions  of  this  kind  in  the  same  manner  that  they 
are  heard  and  determined  by  courts.  Many  appeals  are  decided  by 
the  commissioner  each  year,  and  since  vesting  this  power  in  the 
chief  officer  of  the  education  system  over  ii,ooo  appeals  have  been 
decided  by  him. 

Powers  of  Commissioner. —  Under  this  title  of  the  education 
law  the  Commissioner  of  Education  is  given  power  to  regulate 
the  practice  under  which  appeals  shall  be  brought  under  his  juris- 
diction. He  may  render  a  decision  on  the  law  and  the  facts  sub- 
mitted and  make  any  order  necessary  to  give  force  and  efifect  to  his 
decision. 

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3^2  NEW   YORK   SCHOOL  LAW 

Decision  Not  Reviewable. —  The  decision  of  the  Commissioner 
of  Education  on  an  appeal  brought  before  him  by  an  aggrieved 
party  from  any  decision  made  by  a  district  or  town  school  meeting, 
by  any  district  or  town  school  officer,  by  a  supervisor  in  relation 
to  payment  of  school  moneys,  or  an  appeal  brought  before  him  by 
any  other  of^cial  act  or  decision  pertaining  to  the  school  system  of 
the  State,  is  final  and  conclusive  and  cannot  be  reviewed  by  any 
court. 

Decision  Reviewable. —  An  original  application  to  the  Com- 
missioner of  Education  to  act  in  a  case  where  no  action  has  been 
taken  before,  is  not  an  appeal  to  the  Commissioner  of  Education 
from  any  decision  of  an  officer  or  body.  It  is  a  direct  application  to 
the  commissioner  to  exercise  a  power  which  is  original  and  not 
appellate.  An  application,  therefore,  to  the  commissioner  to  remove 
a  trustee  of  a  school  district  is  not  an  appeal  in  the  sense  in  which 
this  term  is  used  in  the  education  law.  The  action  of  the  commis- 
sioner in  a  case  of  this  kind  was  held  to  be  reviewable  by  the  courts. 
(159  N.  Y.  162.) 

The  law^  was  amended  in  1910  providing  that  the  Commissioner 
of  Education  could  institute  such  proceedings  as  the  education  law 
authorizes  and  that  his  decision  in  any  such  proceeding  or  in  any 
case  brought  to  him  for  determination  on  petition  or  appeal  should 
be  final  and  not  subject  to  review.  The  decision  of  the  commis- 
sioner therefore  in  a  case  where  he  acts  originally  would  seem  to  be 
final  and  not  reviewable  by  the  courts. 

Section  890  of  the  Education  Law^  permitting  appeals  to  the 
State  Commissioner  of  Education  and  making  his  decision  on 
such  appeal  final  and  conclusive  is  constitutional  and  valid.  The 
purpose  of  this  statute  is  to  put  all  controversies  over  school 
matters  in  his  charge  and  to  remove  them,  as  far  as  practicable, 
from  the  courts,  and  hence,  a  decision  of  the  State  Commissioner 
of  Education  on  an  appeal  from  an  order  of  consolidation  is  not 
open  to  review  in  the  courts.      (See  Bullock  v.  Cooley,  225  N.  Y. 

566.) 

Rules  of  Practice. —  The  Commissioner  of  Education  has  pre- 
scribed the  following  rules  to  govern  the  practice  on  appeals : 

1.  Form  of  appeal.  An  appeal  must  be  in  writing,  addressed 
"  To  the  Commissioner  of  Education,"  stating  the  grounds  upon 
which  it  is  taken,  and  signed  by  the  appellant  or  appellants.  The 
appeal  must  be  verified  by  the  oath  of  the  appellant  or  appellants. 
When  the  appeal  is  made  by  the  trustees  of  a  district,  it  must  be 
signed  by  all  the  trustees,  or  a  reason  must  be  given  for  the  omission 
of  any,  verified  by  the  oath  of  the  appellant  or  of  some  person 
acquainted  with  such  reason. 

2.  Service  of  appeal  and  papers.  A  copy  of  the  appeal,  and 
all  the  statements,  maps  and  papers  intended  to  be  presented  in 
support  of  it,  with  the  affidavit  in  verification  of  the  same,  must 
be  served  on  the  officer  or  officers  whose  act  or  decision  is  com- 
plained of,  or  some  of  them ;  or  if  it  be  from  the  decision  or  pro- 


APPEALS    TO    THE    COMMISSIONER    OF    EDUCATION  323 

ceeding  of  a  district  meeting^  upon  the  district  cleris;  or  one  of  the 
trustees,  whose  duty  it  is  to  cause  information  of  such  appeal  to  be 
given  to  the  inhabitants  who  voted  for  the  decision. 

3.  Manner  of  service.  Such  service  must  be  made  by  deHver- 
ing  a  copy  of  the  appeal  to  the  party  to  be  served  personally,  or,  in 
case  he  cannot  be  found  in  the  supervisory  district  in  which  he 
resides,  after  due  diligence,  by  delivering  and  leaving  the  same  at 
his  residence,  with  some  person  of  suitable  age  and  discretion, 
between  6  o'clock  in  the  morning  and  9  o'clock  in  the  evening. 

4.  Affidavit  of  service.  Immediately  after  the  service  of  such 
copy  the  original,  together  with  an  affidavit  proving  the  service  of 
a  copy  thereof  and  stating  the  time  and  manner  of  the  service  and 
the  name  and  official  character  of  the  person  upon  whom  such  service 
was  made,  must  be  transmitted  to  the  Education  Department  at 
Albany. 

5.  Time  of  perfecting  appeal.  Such  original  appeal  and  all 
papers,  etc.,  annexed  thereto,  with  proof  of  service  of  copies,  as 
required  by  rules  3  and  4,  must  be  sent  to  the  Education  Department 
within  30  days  after  the  making  of  the  decision  or  the  performance 
of  the  act  complained  of  or  within  that  time  after  the  knowledge  of 
the  cause  of  complaint  came  to  the  appellant,  or  some  satisfactory 
excuse  must  be  rendered  in  the  appeal  for  the  delay.  If  an  answer 
is  received  to  an  appeal  which  has  not  been  transmitted  to  the 
Department,  such  appeal  will  be  dismissed. 

6.  Answer;  when  to  be  made;  verification;  service.  The  party 
upon  whom  an  appeal  shall  be  served  must,  within  10  days  from  the 
time  of  such  service,  unless  further  time  be  given  by  the  Commis- 
sioner of  Education,  on  application,  answer  the  same,  either  by  con- 
curring in  a  statement  of  facts  with  the  appellant  or  l)y  a  separate 
answer,  and  of  all  affidavits,  papers,  maps,  etc.,  in  support  thereof. 
Such  statement  and  answer  must  be  signed  by  all  the  trustees  or 
other  officers  whose  act,  omission  or  decision  is  appealed  from,  or 
a  good  reason,  on  oath,  must  be  given  for  the  omission  of  the  signa- 
ture of  any  of  them.  Such  answer  must  be  verified  by  oath  and  a 
copy  thereof  and  of  all  the  statements,  maps,  papers,  etc..  intended 
to  be  presented  in  support  thereof,  served  on  the  appellants  or  some 
one  of  them,  in  like  manner  as  is  provided  in  rule  3  for  the  service 
of  a  copy  of  an  appeal 

7.  Submission  of  answer  to  department.  Immediately  after 
the  service  of  a  copy  of  such  answer  and  the  statements,  papers,  etc., 


324 


NEW    YORK    SCHOOL    LAW 


presented  in  support  thereof,  the  original  answer  and  papers,  etc.,. 
together  with  an  affidavit  of  the  service  of  such  copy  and  stating' 
the  time  and  manner  of  the  service  and  the  name  and  official 
character  of  the  person  upon  whom  such  service  was  made,  as 
hereinbefore  provided  for  the  service  of  a  copy  of  an  appeal,  must 
be  transmitted  to  the  Education  Department  at  Albany. 

8.  Reply,  replication  or  rejoinder.  Xo  reply,  replication  or 
rejoinder  shall  be  allowed,  except  by  permission  of  the  Commis- 
sioner of  Education  ;  in  which  case,  such  reply,  replication  and  re- 
joinder must  be  duly  verified  by  oath,  and  copies  thereof  served  on 
the  opposite  party.  Immediately  after  the  service  of  such  copy,  the 
original,  together  with  an  affidavit  of  such  service,  and  stating  the 
time  and  manner  of  the  service,  and  the  name  and  official  character 
of  the  person  upon  whom  such  service  was  made,  must  be  trans- 
mitted to  the  Education  Department  at  Albany. 

9.  When  oath  not  required.  So  far  as  the  parties  concur  in 
a  statement,  no  oath  will  be  required  to  it.  But  all  facts,  maps,  or 
papers,  not  agreed  upon  by  them  and  evidenced  by  their  signature 
on  both  sides,  must  be  verified  by  oath. 

10.  Who  may  answer  appeal.  When  any  proceeding  of  a  dis- 
trict meeting  is  appealed  from,  and  when  the  inhabitants  of  a  dis- 
trict generally  are  interested  in  the  matter  of  the  appeal,  and  in  all 
cases  where  an  inhabitant  might  be  an  appellant  had  the  decision 
or  proceeding  been  the  opposite  of  that  which  was  made  or  had, 
any  one  or  more  of  such  inhabitants  may  answer  the  appeal,  with  or 
without  the  trustees. 

11.  Appeals  in  relation  to  alteration,  formation  or  consolidation 
of  districts.  Where  the  appeal  has  relation  to  the  alteration  or 
formation  of  a  school  district,  or  the  consolidation  of  two  or  more 
school  districts,  it  must  be  accompanied  by  a  map,  exhibiting  the 
site  of  the  schoolhouse,  the  roads,  the  old  and  new  lines  of  districts, 
the  different  lots,  the  particular  location  and  distance  from  the 
schoolhouses  of  the  persons  aggrieved,  and  their  relative  distance, 
if  there  are  two  or  more  schoolhouses  in  question.  Unless  excused 
by  the  commissioner  there  shall  also  be  presented  a  list  of  all  the 
taxable  inhabitants  in  the  district  or  territory  to  be  afifected  by  the 
question,  showing  in  separate  columns  the  valuation  of  their  prop- 
erty taken  from  the  last  assessment  roll,  and  the  number  of  children 
between  5  and  21  belonging  to  each  person,  distinguishing  the 
districts  to  which  they  respectively  belong. 


APPEALS    TO    THE    COMMISSIONER    OF    EDUCATION  325 

12.  Stay  of  proceedings.  An  appeal,  of  itself,  does  not  stay 
proceedings.  If  the  party  desires  such  stay  he  should  apply  for  it 
by  petition,  stating  the  facts  upon  which  such  stay  should  be  made, 
duly  verified.  The  Commissioner  of  Education  will  grant  a  stay, 
or  not,  as  in  his  judgment  it  may  be  proper,  or  may  subserve  the 
interests  of  either  party  or  the  public,  and  may  direct  a  copy  of  the 
petition  to  be  served  on  the  opposite  party,  and  a  hearing  on  both 
sides  before  deciding  upon  the  application. 

13.  Affidavit  of  verification.  The  affidavit  of  verification,  re- 
quired by  these  rules  to  an  appeal,  answer,  reply,  replication  and 
rejoinder,  must  be  to  the  effect,  that  the  same  is  true  to  the  knowl- 
edge of  the  affiant,  except  as  to  the  matters  therein  stated  to  be 
alleged  on  information  and  belief,  and  that  as  to  those  matters  he 
believes  it  to  be  true. 

14.  Oaths.  All  oaths  required  by  these  rules  may  be  taken 
before  any  person  authorized  to  take  affidavits. 

15.  Papers  to  be  legibly  written.  All  appeals,  petitions  and 
other  papers  therein  must  be  fairly  and  legibly  written  ;  and  if  not 
so  written,  may,  in  the  discretion  of  the  Commissioner  of  Educa- 
tion be  returned  to  the  parties. 

16.  Names  of  parties  or  attorneys  to  be  indorsed  on  paper. 
When  any  party,  appellant  or  respondent,  is  not  represented  on  the 
appeal  by  an  attorney,  the  name  of  such  party,  with  the  names  of 
the  district,  town  and  county  and  his  post-office  address  must  be 
indorsed  upon  each  paper  of  the  party  so  represented,  filed  in  the 
Department  on  such  appeal ;  and,  when  represented  by  an  attorney, 
the  name  of  such  attorney,  with  the  name  of  the  distrist,  town  and 
county  affected  and  his  post-office  address,  must  be  so  indorsed 
upon  each  paper  of  the  party  so  represented,  filed  in  the  Department 
on  such  appeal. 

17.  Oral  argument;  briefs.  Submission  of  appeals  may  be 
made  upon  the  papers  filed  therein,  with  or  without  oral  argument, 
or  the  filing  of  briefs,  as  the  Commissioner  of  Education,  upon 
application,  may  determine.  Arguments  and  hearings  in  appeals 
and  other  proceedings  pending  before  the  Commissioner  of  Educa- 
tion may  be  held  before  the  Deputy  Commissioner  of  Education, 
when  authorized  by  the  commissioner. 

18.  Decision.  The  decision  of  the  Commissioner  of  Education 
in  every  case  will  contain  the  order,  or  directions,  necessary  and 
proper  for  giving  effect  to  his  decisions. 


^26  NEW    YORK    SCHOOL   LAW 

19.  Decision  to  be  filed.  A  decision  upon  an  appeal  will  be 
forwarded  by  the  Commissioner  of  Education  to  the  clerk  of  the 
school  district  in  which  the  appeal  arose,  or  to  the  town  clerk  of  the 
town,  when  the  appeal  relates  to  the  alteration  of  a  district  in  which 
the  order  appealed  from  is  filed,  whose  duty  it  will  be  to  file  the 
same;  in  his  office  as  a  public  record. 

20.  Records  and  reports.  Tlie  Commissioner  of  Education 
will,  in  his  discretion,  in  the  determination  of  an  appeal,  take  into 
consideration  any  official  records  or  reports  on  file  in  the  Education 
Department  and  relating  to  the  issues  involved  in  such  appeal. 

REVIEW  QUESTIONS 

Who  may  appeal  to  the  Commissioner  of  Education?  What  actions  are 
appealable?  Why  was  judicial  authority  conferred  on  the  Commissioner  of 
Education?  What  general  power  has  the  Commissioner  in  such  matters? 
Are  his  decisions  reviewable?  Give  in  substance  case  159  X.  Y.,  162.  How 
was  this  affected  by  the  amendment  of  1910?  What  additional  power  was 
given  the  Commissioner  of  Education  in  1910? 


CHAPTER  XXXIV 

REHABILITATION   OF    PHYSICALLY    HANDICAPPED   PERSONS. 

[Article  47,  Chapter  760,  Laws  of   1920] 

Who  is  Physically  Handicapped?  Any  person  having  a  physi- 
cal detect  or  infirmity,  if  congenital  or  if  acquired  by  accident, 
injury  or  disease,  who  is  totally  or  partially  incapacitated  for 
remunerative  occupation  is  a  physically  handicapped  person. 

Rehabilitation. —  Rehabilitation  is  treating  a  person  who  is 
physically  handicapped  so  as  to  render  him  fit  to  engage  in  a 
remunerative  occupation. 

Limitation  of  Law. —  The  provisions  of  the  Rehabilitation  Act 
of  1920  do  not  apply  to  aged  or  helpless  persons  requiring  cus- 
todial care,  to  blind  persons  under  the  care  of  the  State  Commis- 
sion for  the  Blind,  to  a  person  confined  in  a  correctional  or  penal 
institution  or  any  State  institution,  to  a  person  who  is  epileptic 
or  feeble  minded,  to  persons  of  the  age  of  fourteen  years  and 
under  or  to  any  other  person  who,  in  the  judgment  of  the  Com- 
missioner of  Education,  may  not  be  susceptible  of  rehabilitation. 

State  Advisory  Commission. —  The  law  has  established  an  ad- 
visory commission  for  the  rehabilitation  of  persons  physically 
handicapped,  which  is  composed  of  the  Commissioner  of  Educa- 
tion, the  Commissioner  of  Health  and  a  member  of  the  State 
Industrial  Commission,  to  be  designated  annually  by  the  Gov- 
ernor. Any  member  of  the  commission  is  authorized  to  desig- 
nate an  ofhcer  in  his  department  to  represent  him  on  the  com- 
mission. 

The  Commissioner  of  Education  is  the  chairman  of  the  com- 
mission, and  he  must  designate  the  officer  of  the  education 
department  who  is  charged  with  the  administration  of  the  Re- 
habilitation  Law  to   serve  as  the  secretary  of  the  commission. 

Powers  of  Commission. —  The  commission  possesses  the  fol- 
lowing powers : 

1.  To  prepare  a  plan  for  co-operation  between  the  Industrial 
Commission  and  the  Department  of  Education.  This  plan  must 
be  submitted  to  the  Industrial  Commission  and  to  the  Board  of 
Regents. 

2.  To  arrange  any  dififerences  that  may  arise  between  parties 
with  duties  under  the  Rehabilitation  Act. 

3.  To  arrange  for  such  therapeutic  treatment  as  may  be  neces- 

?>^7 


328  NEW    YORK    SCHOOL    LAW 

sary  for  the  rehabilitation  of  a  physically  handicapped  person 
who  is  registered  with  the  Education  Department.  Such  treat- 
ment may  not,  however,  be  provided  for  persons  who  are  enti- 
tled to  such  treatment  under  the  Workmen's  Compensation  Law. 

4.  To  provide  maintenance  cost  during  the  actual  training  of 
physically  handicapped  persons  properly  registered  for  rehabili- 
tation. The  expense  of  such  maintenance  may  not  exceed  ten 
dollars  per  week  and  the  period  for  which  it  may  be  provided 
shall  not  exceed  twenty  weeks.  This  period  of  time  may,  how- 
ever, be  extended  on  unanimous  vote  of  the  commission.  Per- 
sons entitled  to  maintenance  under  the  Workmen's  Compensa- 
tion Law  may  not  receive  maintenance  under  this  commission. 

5.  To  arrange  a  plan  for  co-operation  between  the  Bureau  of 
Employment  of  the  Labor  Department  and  the  Department  of 
Education  in  securing  employment  for  handicapped  persons. 

6.  To  make  necessary  rules  and  regulations  for  carrying  out 
the  provisions  of  the  Rehabilitation  Law. 

Education  Department. —  The  Education  Department  must 
cause  its  representative  to  examine  each  person  who  makes  ap- 
plication or  who  is  reported  to  it  as  a  physically  handicapped 
person.  The  representative  of  the  department  is  required  to 
make  a  report,  and  the  department  must  then  determine  whether 
the  person  is  susceptible  of  rehabilitation.  The  department  is 
required  to  counsel  those  who  are  physically  handicapped  in 
relation  to  the  selection  of  a  suitable  vocation  and  an  appro- 
priate course  of  training.  The  department  is  also  required  to 
promulgate  plans  for  beginning  and  executing  the  work  required 
under  the  Rehabilitation  Act.  The  department  is  further  re- 
quired to  arrange  special  courses  in  the  public  schools  of  the 
State  in  selected  occupations  for  physically  handicapped  persons, 
to  arrange  with  private  or  commercial  institutions  for  training 
courses  in  selected  occupations,  to  arrange  with  any  public  or 
private  establishment  or  any  employer  for  such  courses,  to 
arrange  for  social  service,  for  the  visiting  of  physically  handi- 
capped persons  and  their  families  during  the  period  of  treatment 
and  training,  to  gi  re  advice  in  general  in  relation  to  the  matters 
pertaining  to  rehabilitation,  to  procure  and  to  furnish  at  cost  to 
such  persons  artificial  limbs  and  other  orthopedic  and  prosthetic 
appliances. 

Federal  Act —  The  Legislature  provided  by  this  act  for  the 
acceptance  of  the  provisions  of  the  Federal  law  relating  to  the 
rehabilitation  of  physically  handicapped  persons  and  made  an 
appropriation  of  seventy-five  thousand  dollars  therefor. 


INDEX. 


PAGE 

Academic  instruction,  liability  of  district  for 213 

Academies  transferred  to  trustees 54 

Administration  division 16 

Animals  and  birds  164 

Appeals  to  commissioner  of  education 321-326 

Arbor  day: 

date  of   178 

duty  of  school  authorities i~g 

history  of 178 

nature  poem    178 

program    for    1 79 

state  flower 178 

state  tree    178 

Athletics,  control  of 270 

Attendance  division   14 

Blind  institutions  22 1 

Board  of  education: 

academic  department,  establishment  of 108 

admit  non-resident  pupils 108 

adopt  by-laws,  rei?ulations 108 

annual  meeting    qS 

appoint  clerk 99 

appoint   collector    99 

appoint   superintendent    no 

appoint  treasurer 99 

changing  number  of   100 

city  and  village  authorities  levy  taxes in 

contingent  expenses,  how  settled 1 1 1 

control  schools    108 

corporate   body    98 

courses  of  study,  provide  for 106 

custodian  of  property 107 

disbursement  of  money  by 112 

election  of  96 

election  of,  in  districts  having  three  hundred  children 101-104 

eligibility 97 

employ   teachers    109 

erect  and  repair  buildings 107 

expenses  of  members  of  boards  attending  educational  meetings..  114 

329 


330  INDEX 

Board  of  education — Continued.  page 

fill  vacancies  in  board 109 

furniture  and  apparatus,  purchase  of 107 

general  powers  and  duties i  lO 

hold  real  estate  in  trust 108 

insure    school    property 107 

issue  certificate  of  indel)tedness 1 14 

keep  record  of  proceedings no 

levy  tax  without  vote in 

may  adopt  an  academy  as  an  academic  department 113 

may  hire  school  rooms  and  furnish   them 107 

may  lea^se  an  academy 113 

meetings  of  112 

money  to  be  held  by  city  or  village  treasurer 112 

number  of  96 

prescribe  textbooks    — 

puL  lish  statement  of  receipts  and  disbursements 110 

printers'  fees   113 

remove  members  of  board 98 

remove  teachers    109 

report  to  commissioner 113 

report   estimated    expenses in 

select  president  of 09 

stairways,   etc 109 

sites,  purchase  of  107 

taxes Ill 

term  of  07 

textbooks,  prescribe   107 

vacancies,  how  filled   g8 

visitation  of  schools  by 112 

waterclosets 109 

who  ma}'  vote  for 100 

Bonds: 

bond  and  mortgage  or  other  security 133 

of  employees    297 

issue   of   138 

sale  of  138 

supervisors 40 

treasurer  and   collector 93,  99 

validation  of   1 39 

Branch  schools   85 

City  school  elections: 

additional  inspectors   316 

additional  names  placed  upon  list 315 

appointment   of  inspectors 316 

ballots 317 

blanks,  etc 316 

canvass  by  board  of  education 319 


INDEX  331 

City  school  elections — Continued.  page 

canvass  of  votes  318 

challenge  of  voters .318 

compensation 316 

conduct  of  election    317 

date  of  annual  election 313 

election  districts  313 

failure  to  use  official  ballot 317 

filing  corrected  list   316 

nomination  of  candidates   316 

notice  of  election  314 

notice  to  candidates  of  election 319 

organization  of  inspectors 316 

penalty  for  falsely  swearing  or  illegailly  voting 318 

poll  list   314 

poll  list  filed 315 

polls  open  313 

qualifications  of  voters 314 

review  questions  320 

revision  of  list  —  challenges  to  be  received 313 

to  what  cities  applicable 313 

transfer  of  name  to  poll  list  of  another  district 315 

use  of  voting  machines 317 

where  election  shall  be  held 313 

City  school  systems: 

action  on  estimate  303-307 

annual  estimate,  budget,  bonds,  etc 301 

assistant,  district  and  other  superintendents 293 

associate  superintendents  —  board  of  superintendents 291 

general  provisions    291 

board  of  education  282 

contracts 287 

how  chosen    283 

local  school  bo3'rds   287 

meetings  of  board   285 

number  of  members 282 

powers  and  duties  of  board 285 

as  to  salaries   296 

qualification  of  members 282 

term  of  office  (when  appointed  or  elected) 284 

vacancies 284 

toard  of  examiners 293 

borrowing  funds  for  school  needs 307 

custody  of  school  funds 308 

general  statement 282 

issuance  of  bonds  308 

review  questions  310-312 


332  INDEX 


Other  employees  296J 

salary  schedules  296-296J 

term  of  employment 295 

who  are  included 294 

Commissioner  of  education 11,  17-22 

administer  affidavits    20 

annual  reports    20 

arbor  day 23 

apportionment  of  school  moneys 23 

chief  executive  officer 19 

deaf,  dumb  and  blind  institutions 19 

decide  appeals    23 

election  of   18 

eligibility.  .  , 18 

enforce  compulsory  education  law 23 

enforce  physical  education  law 2$ 

examination  of  teachers 20 

general   supervision    19 

historical  sketch   17 

hold  property  in  trust 23 

illiterates,  instruction  of  adult 23 

Indian  education  19 

inspection  of  schools 19 

issue  stays,  etc 23 

list  of  normal  graduates 20 

may  open  schools  when  authorities  refuse  to  do  so 23 

normal  schools 23 


INDEX 


333 


Commissioner  of  education — Continued.  page 

powers  and  duties ig 

prepare  registers,  etc 20 

prescribe  regulations    22 

removal   of    18 

remove  school  officers 20 

revocation  of  certificates 20 

salary. 18 

school  libraries  23 

term  of  office 18 

trustees,  etc 19 

Compulsory  education: 

attendance  officers    192 

attendance  of  illiterate  minors 195 

certificates  of  principals  or  teachers 196 

character  of  instruction 184 

commitments,   expenses  of 194 

definition  of  terms 183 

duty  of  employer 190 

duty  of  parents,  etc 184 

employment  of  children  in  street  trades I94a-r94d 

emploj'ment  certificates    186 

excuses  for  absence  and  tardiness 194 

industrial  training   194 

inspectors  of 194a 

misdemeanor  of  parents,  etc 185 

number  days'  attendance  required 184 

penalty  for  unlawful  employment 191 

permits  and  badges 186,   194b 

record  of  attendance  by  teachers 191 

school   record    certificates 185 

state  funds  withheld 194a 

summer   vacation   permits 194c 

the  act  of  1874 183 

truants,  arrest  of 192 

truants,  commitment  of 193 

truant  schools    193 

unlawful  employment  of  children 190 

where  children  may  attend 184 

who  shall  attend  upon  instruction 183 

Continuation  schools   168 

Contracts  Csee  under  Teachers'  qualifications,  etc.). 

Contract  system    210 

Corporal  punishment 269 

County  judge 44 


334  INDEX 

County  treasurer:  page 

make  annual  report  to  commissioner  of  education 43 

payment  of  school  moneys 44 

payment  of  unpaid  taxes 44 

require  bonds  of  supervisor 43 

should  sue  bond 44 

Courses  of  study: 

agriculture 168-174 

authority  to  adopt 161 

authority  of  parents 162 

authority  of  teachers 162 

animals  and  birds,  humane  treatment  of 164 

in  normal  schools 240 

industrial   training    168-174 

patriotism  and  citizenship 165 

physical  training   208 

physiology  and  hygiene 162 

religious  exercises    166 

subjects  that  may  be  included 161 

subjects  that  must  be  included 161 

Deaf  and  dumb  institutions 221 

Deputy  commissioner  of  education 13 

Director  of  vocational  and  extension  education 14 

Director  of  examinations  and  inspections 15 

Director  of  state  library 14 

Director  of  state  museum 14 

District  attorney 44 

District  superintendent: 

administer  oaths    35 

appoint  trustees  and  members  of  boards  of  education 36 

apportion  school  moneys 36 

assemble  teachers 36 

call  school  meetings 35 

certificate  of  election 29 

condemn  school  buildings 34 

deputy  superintendent  30 

divide  territory  into  school  districts 36 

establish  district  boundaries 34 

examine  and  license  teachers 34 

expenses  of  33 

failure  to  elect 29 

filling  vacancy   30 

how  chosen 28 

inspect  training  classes 36 

meeting  of  directors 28 

meetings  of  school  officers 3^ 

not  to  be  interested  in  certain  business,  etc 31 


INDEX  335 

District  superintendent — Continued.  page 

not  to  engage  in  other  business 31 

oath  of  office 32 

order  furniture  supplied = 34 

order  nuisance  abated 34 

order  repairs  34 

performing  duties  of  another   superintendent 23 

powers  and   duties 33, 

proceedings  of  meeting  of  directors 28 

qualifications   of    30 

recommend  appointment  of  normal  pupils 36 

removal  from  office 32 

reports 35 

revocation   of   certificates 35 

rooms  for  examinations 35 

salary  of 32 

salary  may  be  withheld 33 

subject  to  regulations  of  commissioner 35 

supervision 33 

take  testimony  in  appeals 35 

term  of  office 30 

vacancies 30 

Equalization  of  valuations  in  joint  districts 124 

Examinations   and  inspections   division 15 

Federal  act,  rehabilitation 328 

Fire  drills  271 

Flag  law   1 70 

Free  tuition  law 212 

Gospel  and  school  lands 151 

Holidays  (legal)   153 

Indian  schools  220 

Ilhterate,  instruction  of  adult 23 

Illiterate  minors,  attendance  of 195 

Industrial   education    168 

advisory  boards    172 

board  of  education,  authority  of 172 

annual  estimate  and  appropriation 174 

industrial,  agricultural  and  home-making  schools 171 

industrial  teachers'  scholarships 236 

part  time  or  continuation  schools 168 

attendance  upon    169 

duty  of  parents,  employers 170 

state  aid  172 

training  of  teacher  in  schools  of  agriculture 174 

vocational    schools    168 

Janitor's  work   264 

Kindergarten "4.  286 


^^6  INDEX 

PAGE 

Law  division 17 

Libraries: 

apportionment  of  money 226 

books  may  be  transferred  to  free  library 228 

commissioner  may  withhold  money 227 

expenditure  of  money 227 

general   supervision  of 226 

librarian m^  227 

use  of  library 227 

Library   extension  division 16 

Licenses  of  schools 3 

Literature  fund   151 

Medical  inspection 203-206 

Meetings  in  union  free-school  districts: 

date  of 67 

notice    of    66 

powers  of  annual  and  special  meetings 66,     68 

special  meetings 65 

Moneys  ( see  School  moneys). 

Newsboys: 

permit,  badge,  etc 186,  194a 

Night  schools: 

establishment  of 114,  286 

Normal  schools: 

academic    departments    241 

application  of  insurance  money 241 

application  of  tuition 240 

commissioner  of  education,  powers  and  duties 239 

courses  of  study 240 

diplomas. 240 

historical  sketch   237 

how  established   238 

how  governed   238 

insurance  of 240 

local  board,  powers  and  duties 238 

principal  of   239 

pupils,   admission  of 239 

pupils,   dismissal   of 239 

pupils,  Indian   240 

pupils,  non-resident   240 

pupils,  privileges  of 239 

removal  of  teachers  —  the  Hoose  case 241 

teachers'  substitutes 243 

teachers'  retirement   242 

their  object 237 

Orphan  schools 220 


INDEX  337 

PAGE 

Patriotism  and  citizenship 165 

Physically  handicapped  persons 327 

Physical  training    20&-209 

Physiology  and  hygiene  requirements 162 

President  of  university 19-24 

(  See  Commissioner  of  education.) 

Publication  of  notices  and  reports,  fees  for 67,   113 

Pupils : 

expulsion  of 269 

mentally  defective   218 

physically  defective  218 

punishment   of    269 

right  to  attend  school 48 

suspension    of    268 

qualifying  certificates    8-1 1 

teachers,  authorit)'  over 266 

transportation   of    211 

Regents: 

board  of,  etc 13 

election    powers,    etc 13 

number 13 

term 13 

vacancies 13 

(See  University  of  the  State  of  New  York.) 

Rehabilitation 327 

Religious  exercises  in  school 166 

Religious  garb  265 

Rural  school  supervision: 

district  suiJcrintendeiit 28-37 

historical  development    23 

school  directors   25-28 

supervisory   districts    24-25 

Retirement  of  teachers 276-281 

Salaries: 

teachers  in  common  school  districts 15^ 

Salary  schedules: 

for  teaching  staff  of  city  schools 296-296h 

in  union  free-school  districts 296h 

Scholarships  (see  State  scholarships). 
Schools: 

attendance  of  non-residents 49,  212 

closing   of    264 

commissioner  may  open 23 

common 48 

for  deaf  and  dumb  and  blind 221 

for  Indians    220 


^^S  INDEX 

Schools — Continued.  page 

for  orphans   220 

licenses  of 3 

public.  ,  , 48 

school  register lOi,  263 

union  free   q'j-i  1 5 

who  may  attend 48 

School  buildings,  division 17 

School  buildings: 

condemnation   of   140 

erection   of   135 

insurance   of    141 

outbuildings. 142 

payments   by  instalments 137 

plans,  approval   of 135 

repair  of 134 

sale  of   133,  141 

sale  of  liquor  near,  prohibited 146 

stairways,    outside    of 141 

tax  for  erection  of,  in  union  free-school  districts 137 

use  of 145 

(See  City  school  system.) 

School  census: 

bureau  in  New  York 199 

boards  in  Buffalo  and   Rochester 200 

bureau  in  second  and  third-class  cities 201 

census  required    200 

expenses 202 

in  school  districts 201 

officers 200 

parents   to    report 200 

withholding  information 202 

School  directors: 

ballots 27 

filing  certificates  of  nomination 27 

filling  vacancy   28 

meeting  of   28 

notice  of  election 27 

number  of 27 

oath  of  ofifice 28 

proceeding  of  meeting 28-29 

salary 28 

term  of  ofifice 28 

vacancies.  . 28 

when  and  how  chosen 27 


INDEX 


339 


School  districts:  page 

action  of  meeting  in  dissolving  union  free-school  district 53 

adjustment  of  affairs  of  dissolved  districts 56 

alteration  of  boundaries  of  union  free-school  district 52 

alteration  of  district 56 

alteration  with  consent  of  trustee 56 

alteration  without  consent  of  trustee 57 

approval  of  district  superintendent 53 

attendance  of  Indian  pupils 49 

attendance  of  non-resident  pupils 4g 

camp  schools   48 

city  school  districts 48 

classes  of  districts 47 

common-school   districts    48 

conditional  approval  of  dissolution  of  union  free-school  districts.  53 

consolidation  of  school  districts 59 

description   of  districts 49 

disapproval  of  dissolution  of  union  free-school  districts ^3 

disposition  of  money  of  dissolved  district 54 

dissolution  of  union  free-school  districts 53 

division  of  dissolved  districts 54 

division  of  territory 47 

farm  school   48 

formation  and  dissolution  of  joint  districts 49 

joint  districts    48 

notify  commissioner  of  dissolution  of  union  free-school  district..  54 

number  of  districts 47 

origin  of  district  system 47 

outstanding  funds  of  dissolved  district 55 

public  school 48 

school  district 47 

school    year    48 

union    free-school    district 48 

School  hours   264 

School  libraries  division 17 

School  moneys: 

additional  teachers'  quota I53 

agricultural    quota    I55 

aid  to  denominational  schools  prohibited 148 

academic  quotas    156 

allowance  to  excluded  districts I57 

application  of  state  funds 156 

apportionment  on   attendance 156 

apportionment  of  fines 15° 

apportionment  of  library  money ^S6 

certificates  of  apportionment  filed 15^3 

superintendent's  certificate  of  apportionment 158a 


340  INDEX 

School  moneys  —  Continued.  page 

superintend'^nt's  certificate  to  supervisors 158a 

common  school  fund 149 

constitutional  provisions   148 

corporation  tax  revenues,  distribution  to  school  districts 158b 

correcting  erroneous  apportionment 158a 

different  funds 148 

districts  entitled  to  share  in  apportionment 158a 

district  quota  set  apart 158 

district  and  teachers'  quotas 152 

enumeration  of  inhabitants  for  supervision  quota 152 

filing  certificates  of  apportionment 158a 

free  school  fund 150 

gospel  and  school  funds 151 

income  tax  revenues,  distribution  to  school  districts 158b 

industrial   education    quotas 155 

literature  fund    151 

moneys  apportioned  may  be  reclaimed 157 

payments  of  quota  on  unqualified  teachers 157 

payments  of  school  moneys  to  supervisors 158b 

physical  education  quota 155 

state  funds  w^ithheld 157 

state  school  moneys  defined 152 

supplemental   apportionment    157 

supervision   quotas    152 

tax  for  schools 152 

training  class  quotas i5S 

unexpended  moneys  in  hands  of  supervisors 158 

United  States  deposit  fund 149 

when  payable   158 

School  papers,  control  of 270 

School  savings  banks 180,  181 

School  year 48 

Sites: 

acquisition  of  132 

change  of   132 

designation    of 132 

for  union  free-school  districts 134 

improvement  of  132 

sale  of    133 

tax  for    132 

transfer  of  title 133 

Smith-Hughes  law,  provisions  of 174 

State  advisory  commission 327 

State  education  building 17 


INDEX  341 

PAGE 

State  education  department 12-18,  328 

assistant  commissioners   13 

chiefs  of  divisions 14-17 

commissioner  of  education 13,   19-24 

deputy    commissioner    13 

falsely  representing,  etc 18 

historical   sketch    12 

State  scholarships: 

Cornell  scholarships 229-231 

industrial  teachers'  scholarships 2.2,(i 

other  scholarships 2^2-22,^ 

soldiers,  sailors,  marines,  and  trained  nurses 235 

State  historian 14 

Supervisors: 

accounts  of  receipts  and  disbursements 40 

annual  return  of  school  moneys 39 

disburse  school  moneys 39 

fees  for  paying  out  school  money 41 

filing  statements  of  accounts 40 

fix  valuation  of  property 41 

formation  and  alteration  of  school  districts 40 

obtain  funds  from  predecessor 40 

payment  to  collector  or  treasurer 39 

records  of  receipts  and  disbursements 40 

recover  penalties  and  forfeitures 40 

trustees  of  gospel  and  school  lands 39 

Supervisory  districts: 

call  and  organization  of  meeting 25 

how  organized   25 

number  of 24 

record  of  proceedings 25 

territory  embraced  24 

Taxes: 

amendment  of  tax  list 127 

apportionment  on  personal  property 122 

apportionment  on  real  estate i  '8 

apportionment  of  valuation  of  railroad,  telegraph,  telephone,  etc..  124 

assessment  of  "7 

assessment  of  bank  stock 120 

assessment  of  non-resident  real  estate 1 19 

assessment  of  property  by  trustees 124 

assessment  of  real  estate  lying  in  one  body 118 

trustees  may  sue  collector's  bond 128 

trustees  may  sue  for  tax 128 

collection  of  unpaid ^2" 

exempt  from  taxation  for  school  building 125 


342  INDEX 

Taxes — Continued.  page 

filing  tax  list  and  warrants 128 

form  of  heading  for  tax  list 117 

form  of  tax  list 117 

notice  of  receiving  taxes 126 

on  land  worked  on  shares 125 

on  property  in  possession  under  contract 125 

payment  of  unpaid  taxes  by  county 129 

property  exempt  from  taxation 122 

receipt  collectors   129 

return  of  collector  on  unpaid 128 

tax  of  tenant  chargeable  to  landlord 125 

valuation  equalized  by  supervisors 124 

valuation,  how  reduced 123 

valuation   of  property 123 

warrants  for  collection  of 125 

warrants,  renewal  of 127 

Teachers'  conferences  36 

Teachers,  qualifications  of,  powers  and  duties,  etc. : 

age  of  250 

authority  over  pupil 266 

certificates: 

academic 253 

college  graduate 251 

drawing 252 

first  grade 251 

general 253 

indorsement  by  district  superintendent 254 

indorsement  by  commissioner  of  education 254 

kindergarten 252 

normal  school  diplomas 251 

refusal  to  issue 253 

revocation  of 255 

rural  school  252 

state  . 250 

temporary  license 253a 

training   class    - 252 

training  school  252 

uniform 251 

vocal  music 252 

closing  school 264 

constitutional  oath,  must  take 271 

contract,  form  of 259,  272 

contracts  with  minors 257 

contracts  with  married  women 257 

contracts  with  relatives ». . .  257 

dismissal  of 260-262 


INDEX 


343 


Teachers,  qualifications  of,  powers  and  duties,  etc. —  Continued.  page 

duty  in  relation  to  fire  drills 272 

employment  of,  in  cities 253a 

enforcement  of  payments 264 

loyalty  certificate 250 

motherhood,  absence  for 261 

must  accept  orders  on  supervisors  and  collector  or  treasurer 260 

must  keep  record  of  attendance 263 

must  verify  register 263 

payment  of  unqualified 255 

paj'ment  when  school  is  closed 260 

period  of  employment 257 

rules  and  regulations  for 263 

verification  of  records 263 

wearing  religious  garb 265 

when  compensation  is  due 259 

when  illness  prevents  teaching 266 

who  are  legally  qualified  to  teach 250 

who  may  contract 257 

Teachers'  retirement  276-281 

Teachers'  training  classes: 

admission   requirements   247 

compensation  allowed 246 

designation  of  institutions  for 245 

duty  of  district  superintendent  in  relation  to 247 

historical  sketch  245 

institutions  which  may  organize  them 245 

number  of  pupils  in  class 246 

object  of 245 

period  of  instruction 246 

quota 155 

regulations  for  classes.' 248 

training  class  certificates 247 

training  class  fund 247 

tuition 246 

Teachers'  training  schools 248 

Textbooks: 

adoption  of 175 

change  of I75 

fine,  how  collected 176 

free  textbooks  176 

penalty  for  violations 176 

rental  or  sale  of 176 

seditious  or  drsloyal  matter 176 

supplying  pupils  with 176 


344  INDEX 

Town  clerks:  page 

assist  in  formation  of  district 42 

file  bond  of  collector 43 

file  treasurer's  certificate 42 

final  accounts  42 

obtain  reports  of  trustees 41 

payment  and  expenses  of 43 

preserve  records  42,  43 

record  annual  accounts 42 

record  of  apportionment 41 

records  of  districts 41,  43 

Transportation  of  pupils 211 

Tuition  for  academic  pupils 212-214 

Union  free-school  districts: 

( See  Board  of  education,  School  districts,  School  buildings  and 
sites,  Taxes.) 

University  of  the  State  of  New  York: 

chancellor  and  vice-chancellor 2 

charters  educational  institutions 2 

chief  functions 2 

constitutional  provisions 2 

credentials    of    3-1 1 

crimes  under  university  law 3 

degree  conferring  institutions 3 

historical  sketch    I 

licenses  of  schools 3 

Vaccination 206 

Visual  instruction  division 17 

Voters : 

challenge  of 72 

decision  of  education  department  in  relation  to 73 

penalty  for  illegal  voting '/2 

qualifications 71 

residence  of 72 

women,  right  to  vote 71 

(Total  number  of  pages,  370.) 


AA    001  177  596    2 


